THE  LIBRARY 
OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


—  5 


TO   111  I. 


WRITTKN  EVIDENCE  OF  TIIK  COURTS  OF 
MNQL 


Public  Doc  u  in' 

PACK* 

Extract  from  the  President's  Message,  to  both  Houses  of  Congress,  Decem- 

ber 3d,   W22  ............................................................   100 

Rfport  of  the  Secretary  of  the  Navy,  accompanying  the  President's  Mes- 

sage, December  3d,  1K2J,  ...............................................   13G 

Extract  fiom   the   Journal  of  tbt    House  of   Representatives,   December 

10th,  18->2,  ...............................................................   100 

I'.xti.i.  t  I.     ..  tii    Journal  of  the  Senate,  December  Uil;.  .........   101 

An    Act   authorizing  an   additional   Naval   Force   foe  the  Suppression  of 

Piracy.     Approved,  December  20lh,   182-'  ................................   102 

The  Secretary   of  the    Navy    to  the   President  of  the  tinted  State*;  Srp- 

teml  1  ........................................................   103 

The  Secretary  of  the  Navy  to  Commodore  Rodgcrs;  September  29th,  1823,  104 
Tlit  same  to  the  same  ;  September  .'9tli,  \'\1'\  .............................   105 

Commodore  Rodgers  to  the  Secretary  of  the  Navy  ;  November  I6tli,  18-J 
Doctors  rl  •  .mgton,  and  Hoffman,  to  tbe  Secretary  of  the  N'aty, 

October  -."Jill,   IK-^i,  ......................  ...............................   107 

Commodore  Rodgers  to  the  Secretary  of  the  ember  21th,  ICilS,  110 

Report  of  the  Secretary  of  the  Navy  to  the  President  of  the  Unite.!  States, 

Decrmbri   1st,   \.  I?,.  ......................................................    112 

Report  of  the  Secretary  of  the  Navy,  accompany  iu^  the  President's  Mcs- 

x    sage,  December  1st,  1824,  ...........................................   116 

XhVe  Secretary  of  the  Nary  to  the  Chairni  ' 

thV:  House  of  Representatives;  December  -.'1,  lu.'»,  .....................    i:l 

The  Secretary  ot  the  Navy  to  the  Chairman  of  the  Committee 

Affairs  of  the  Senate,  dated  29th  December,   1C24.     (Extract)  ....... 

Report  ol  the  Committee  on  Foreign  Relations,  (of  the  Senate,)  on  so  much 

of  the  President's  Message  as  relates  to  Piracy  ;  January   10th,  1825,.. 
Report  front  the  Navy  Department,  Januaiy  Ut;,,  i:.**5,  ............  .  .....   126 

vi       age  of  the  President  of  the  United  States   to  tbe  Senate,  transmitting 

information  relative  to  piiatical  depredations  ;  January   Kith,  U!2  ,  .....    I." 
Report  of  the  Committee  on  Naval   Affairs,  of  the   House  of  Representa- 

tives, on  a  resolution  of  tbe  House  of  Representatives,  m  9th  December, 
";Hitracti''jj  them  to  inquire  into  the  expediency  of  providing  an  addition' 


iV  INDEX. 

PAGE. 

al  Naval  force,  and  other  means  for  the  Suppression  of  Piracy.     Janu- 
ary 25th,  1825, 128 

Report  of  the  Committee  on  Foreign  Relations,  of  the  House  of  Represen- 
tatives, on  Piracy  and  outrages  on  American  Commerce,  by  Spanish 
Privateers;  January  31st,  1825,... * 130 

Official  Communications  from  the  Department  to  Com- 
modore Porter. 

Navy  Department  to  Commodore  Porter;  February  1,  182S, 164 

Laws  of  the  United  States  relative  to  the  Slave  Trade 166 

Copy  of  general  instructions  for  officers  commanding  Cruizing  Vessels,....   182 

Navy  Department  to  Commodore  Porter  ;  Februaiy  4th,  1823, 185 

Same  to  same  ;  April  5th,  1823, 135 

Same  to  same;  May  23d,  1823, 185 

Same  to  same  ;  June  7th,  1823, . 186 

Same  to  same;  August  19th,  1823, 188 

Same  to  same  ;  August  19th,  1823 188 

Same  to  same  ,  September  27th,  1823, 189 

Same  to  same  ;  September  29th,  1823, 189 

Same  to  same  ;  October  28th,  1823, 190 

Same  to  same;  December  22d,  1823, . 190 

Same  to  same  ;  December  27th,  1823, 191 

Same  to  same,  (Extract,)  December  31st,  1823, 192 

Same  to  same  ;  December  31st,  1823 192 

Same  to  same  ;  January  i9th,  1824, 192 

Same  to  same  ;  January  21st,  1824, 192 

Same  to  same  ;  February  19th,  1824, 193 

Same  to  same,  (Extract,)  May  17th,  1824, 193 

Same  to  same;  May  24th,  1824,,.. 193 

Same  to  same  ;  May  31st,  1824,.. 194 

Same  to  same  ;  June  19th,  1824, 194 

Same  to  same  ;  June  29th,  1824, 195 

Same  to  same;  July  19th,  1824 1^5 

Same  to  same  ;  July  20th,  1824, /195 

Same  to  same  ;  July  28th,  1824,. ,'e  jjg 

Same  to  same  ;  July  29th,  1824, /       jgg 

Same  to  same  ;  (Extract)  August  9th,  1824...... ••*'....  lg(J 

Same  to  same  ;  (Extract)  October  14th,  1824, ( jg-y 

Same  to  same  ;  (Extract)  October  15th,  1824........ 197 

Same  to  same  ;  (Extract)  October  21st,  1824, 197 

Same  to  same  ;  December  27th,  1824, joy 

Same  to  same  ;  March  2d,  1825 jgg 

Same  to  same;  March  16th,  1825, 

Same  to  same  ;  March  23d,  1825,.... ..'...i l9g 


INDEX.  V 

FACE. 

Thomas  Randall  to  the  Secretary  of  the  Navy ;  March  Krl,  1845, 199 

Navy  Department  to  Commodon?  Porter  ;  March  24th,  I;j2"i, 199 

Same  to  same ;  (Extract,)  April  20th,  1825, 200 

Official  Communications  from  Commodore  Porter  to  the 
Department. 

Commodore  Porter  to  the  Navy  Commissioners  ;  December  21st,  1823......  200 

A  Kciuiu  oi  t.ie  vessels  and  Commanders  of  the  Squadron  under  the  com- 

m.tiiii  of  Commodore  Porter,  February  13tu,  1823, 200 

Commo.lore  Porter  to  the  Navy  Department ;  February  13th,  1823, 201 

Same  to  same;   March -Kl,  182S, 

Same  to  same  ;  March  2:ith,  1823, 

Same  to  same;  (Extract,)  April   16th  1823 203 

Same  to  same.  April  24th,   1823, 206 

S;ime  to  same;  (T.xtract,)   May  10th,  i: :.'.! 206 

Same  to  same;  (Extract,)   May  llth,   1823, 207 

^ame  to  same  ,   May  19th,  1823, 208 

Sam«  to  same;  (Extract,)  May  -  

Same  to  same  ;  (Extract,)  June  4th,  l';.'s  209 

Same  to  same;  June  6th,  1823, 

Same  to  same;  (.Extract,)  June  24th,  1823, 209 

Same  to  same;  July  17th,  1923, 

Same  to  same;  August  1,  l:-:Ji, j]u 

Same  to  same  ;  August  1,  1523...... 211 

Same  to  same;  (Extract,)  August  3lst,  1823 J]  1 

Same  to  Acting  Secretary  of  the  Navy ;  October  27th,  1823, 211 

Same  to  Navy  Department;  November  19th,  1823, 213 

Same  to  same;  November  27 ih,  1823, 215 

Same  to  same;  November  29th,  1823, 216 

Same  to  Navy  Commissioners,  January  14th,    I'iJl, 217 

Commodore  Porter  to  the  Navy  Department;  January  20th,  1824, 218 

Same  to  same;  April  8th,  1824, 218 

Same  to  same;  April  24th,  1824, -219 

Same  to  same;  May  3d,  1824, J19 

Same  to  Navy  Commissioners;  May  4th,  1824, 219 

Same  to  Navy  Department;  May  28th,  1824, 220 

Same  to  same  ;  June  1st,  1824, 220 

Same  to  same;  June  25th,  ll!24,  

Same  to  same;  July  14th,  1824, 221 

Same  to  same;  August  9th,  1824, 221 

Same  to  same;  August  10th,  1824, 222 

Same  to  same;  October  13th,  1824, 224 

Same  to  same;  October  16th,  1824 225 

Same  to  same;  October  22d,  1824, 225 


W  INDEX. 

FAKE 

Commodore  Porter  to  Navy  Department;  November  15th,  1824, 225 

Same  to  same;  March  8th,  1825, 226 

General  Orders  and  Instructions  from  Commodore  Por- 
ter to  the  Squadron  under  his  command. 

General  Instructions  ;  February  26th,  1823, 227 

Circular,  October  29th,  1823, 233 

General  Order,  November  3d,  1823, 234 

General  Order ;  December  1st,  1823, 234 

Circular  to  Commanders  of  vessels  in  the  West  Indies  and  Gulf  of  Mexico, 

December  30th,  1823, 234 

•General  Order;  April  12th,  1824 234 

Circular  to  Commanders  ;  July  15th,  1824,.. 235 

Circular;  August  16th,  1824, 235 

General  Order,  (Extracl,)November  8th,  1823, 235 

Special  Instructions  to  Different  Officers,  and  their 
Reports. 

Commodore  Porter  to  Captain  Stephen  Cassin  ;  April  5th,  1823, 236 

Captain  Stephen  Cassin  to  Commodore  Porter ;  April  9th,  1823,...  236 

Commodore  Porter  to  Captain  Stephen  Cassin;  April  10th,  1823, 237 

Captain  Stephen  Cassin  to  Commodore  Porter ;  April  28th,  1823, 237 

Commodore  Porter  to  Captain  Stephen  Cassin;  May  7th,  1823, 239 

Same  to  same;  May  llth,  1823, 239 

Same  to  s^me  ;   August  20th,  1823, 239 

Same  to  same;  September  12th,   1823,.... 240 

Same  to  same;  September  13th,  1823, 240 

Same  to  same;  January  2Sth,  1824, 240 

Commodore  Porter  to  Captain  S.  Smith;  June  19th,  1823, 241 

Commodore  Porter  to  Captain  Kennedy;   December  15th,  1824 241 

Same  to  same  ;  July  31st,  1823, 241 

Commodore  Porter  to  Captain  A.  J.  Dallas;  May  2d,  1824, 242 

Captain  Dallas  to  Commodore  Porter;  July  16th,  1824, 243 

Commodore  Porter  to  Captain  Dallas;  August  11,  1824, 244 

Same  to  same;  October  2d,  1824, ..  244 

Commodore  Porter  to  Captain  Jesse  Wilkinson  ;  April  12th,  1824, 244 

Captain  Wilkinson  to  Commodore  Porter;  April  24th,  1824, 245 

Commodore  Porter  to  Lieutenant  Commandant  L.  Kearney;  March  llth, 

1823, 245 

Same  to  same;  April  llth,  1823, 245 

Same  to  same,  April  16th,  1823, , . 246 

Same  to  same;  May  19th,  1823, 247 

Same  to  same;  June  3d,  1823, 247 

Lieutenant  Kearney  to  Commodore  Porter  ;  April  llth,  1833,..,.. ........  24r 


1NDRX.  Vil 

FACE. 

Lieutenant  Kearney  to  Commodore  Porter:  August  I0th,  1823, ^*8 

Commodore  PorUr  to  Lieutenant  Commandant  John  fiallagher  ;  July  : 



!ohn  Gallagher  to  Commodore  Poftpr ;    November  6th,  18J4 

Commodore  Porter  to  Lieutenant  Commandant  T.  II.  Stevens  ;   May  Hth, 

1823, « 254 

Same  to  same;  June  18th,  lt;.V>. 

Same  to  same  ;  December  27th,  1S2.; 

Sam.    to  »aine;  January  1st,  1824, 256 

Same  to  time  ;  February  25th,  IS-' 4, 

Srine  to  same;  April  25u>,  r:J4 

Commodore   Porter  to  LicuU-nant  Commandant  J.    P.  Ocllcrs  ;  February 

Hth,  1824 

Commodore    Porter  to  Lieutenant  Commandant  John  D.  Sloat  ;  January 

21th,  1824,  

Same  to  fame  ;  May  20th,  1&24 

J.  O.  Sloat  to  Commodore  Porter  :   May  29th,  1821,    2S§ 

Commodore   Porter  to  Lieutenant  Commandant  J.  D.  Sloat ;  An. 

1824 

Same  to  same,  August  16th.  r  Jl O 861 

Same  to  same,  November  15th,  1821, 262 

Commodore  Porter  to  Lieutenant  Conamandant  M.  C.  Pctry  ;  March  3J, 

26t 

Same  to  same;   March  llih,  1823, 

Same  to  same;  J  '•'•?" 264 

Sam*  to  saiix;;  Jui;r  24th,    <  264 

Commodore   Porter  to   Lieutenant  Coinro  i  ucli 

29th,  KJJ:} .  «6l 

Sam.'  \vnil  16th,  1823 A 

Same  to  same;  May  I9th,   1  9  , ^. 

Seme   to  same;  June  !  

Secretary  of  the  Navy  to  Lieutenant  C.  W.  Skinner;  June  19ili,  1824>,....  265 

C.  W.  Skinner  to  Secretary  of  the  'uher  24th. 

Commodore  Porter  to  Lieutenant  Comma  miant  (  ,ber 

22d,  \»Ll *. 

Same  to  same  ;  January  25th,  1>L  i 

Same  to  same;  January   £><!,  18-'      

Commodore    l»ortyr    to  Jj»cutunant  Comrnaodant  John  T.  Newton  ;  June 



Same   r  -<btr  1st,  1!:23, 

Same  to  sftrne  ;  January  I3iu,  lv-i 269 

Same   to  same  ;  January  Uth,  ItiJ  i, 

Sane  to  came  ;  July   i  

Same  to  same;  Aptii -<!M!I,  1824, 271 

Commodore   Pom-r  to  Lieutenant  Commandant  R.  M.  Rose;  Apnl  12th, 
" 


v 

PACK. 
Commodore  Porter  to  Lieut.  Commandant  R.  M.  Rose  ;  May  4th,  1823,...  271 

Same  to  same;  June  18th,  1823,.... n 272 

Same  to  same;  July  1st,  1823, '. 272 

Commodore  Porter  to  Lieutenant  Commandant  Beverly  Keunon;    July 

13th,  1823, 272 

game  to  same;  July  19th,  1823, > 272 

Same  to  same;  July  25th,  1823, 272 

Same  to  same;  August  14th,  1823, 273 

Secretary  of  the  Navy  to  Lieutenant  F.  H.  Gregory  ;  December   7th,   1822,  273 
Commodore  Porter  to  Lieutenant  Commandant  F.  H.  Gregory  ;  May  16th, 

1823, 274 

Same  to  same;  June  13th,  1823, 274 

F.  H.  Gregory  to  Commodore  Porter,  dated  July  3d,  1823, 274 

Commodore  Porter  to  Lieutenant  Commandant  F.  H.  Gregory  ;  July  4th, 

1823, 276 

Same  to  same;  September  16th,  1823, 276 

Commodore  Porter  to  Lieutenant  Commandant  Isaac  McKeever  ;  January 

28th,  182*, .' 277 

Same  to  same;  August  llth,  1824, 277 

Same  to  same;  October  20th,  1824, 277 

Same  to  same;  January  5th,  1825, 277 

Commodore  Porter  to  Lieut.   Com'dt  Jno.  P.  Zantzinger,  Jan.  13th,  1824,  278 

Same  to  same,  July  13th,  1824, 27* 

Same  to  same,  January  14th,  1824, 278 

Commodore  Porter  to  Lieut.  Com.  E.  R.  Shubrick,  August  10th,  1823,....  279 

Same  to  same,  October  29th,  1823, 280 

Commodore  Porler  to  Lieut.  Com'dt.  T.  H.  Bell,  August  11,  1824, 280 

game  to  same,- August  12th,  1824, 280 

Same  to  same,  January  5th,  1P.:J5,-- 281 

Commodore  Porter  to  Lieut.  ComMt.  T.  M.  Newell,  Dec.  21st,  1822, 281 

Same  to  same,  February  8th,  1823, 281 

Same  to  same,  April  10th,  1823 282 

Same  to  same,  June  12th,  1823, .....  282 

T.  M.  Newell  to  Commodore  Porter,  June  25th,   1823, 282 

Commodore  Porter  to  Lieut.  Com'dt.  T.  M.  Newell,  July  ]3th,  1823, 284 

T.  M.  Newell   to  Commodore  Porter,  July  23d,  1823, 284 

Commodore  Porter  to  Lieut.  Com'dt.  T.  M.  Newell,  July  24th,  1823, 284 

Same  to  same.,  August  1st,  1823, 284 

Commodore  Porter  to  Lieut.  Corn'dt.  John  T.  Ritchie,  July  19th,  1823,.  ..  285 

San.e  to  same,  July  25th,  1823, 285 

Same  to  same,  August  8th,   1823, 2Ss 

Jno.  T.  Ritchie  to  Commodore  Porter,  August  29th,  1823, 285 

Commodore  Porier  to  Lieut.  Com'dt.  Jno.  T.  Ritchie,  Sept.  16th,  1823,..  286 

Commodore  Porter  to  Lieut.  Com'dt.  Jno.  T.Ritchie,  April  16th,  1824, 286 

Same  to  same,  April  12th,  1824, 286 


INDEX.  ix 

MAX. 

fommodore  Porter  to  Lieut.  Com'dt.  John  T.  Ritchie,  October  14tb,  182  1,  2S7 
Commodore  Porter  to  Lieut.  Com'dt.  Joseph  Cross,  October  2Tih,  1823,....  287 

C.  Boarman  to  Commodore  Porter,  Dec.  5th,  182*, 288 

Same  to  same,  January  2lst,  1825, 289 

Commodore  Porter  to  Lieut.  Corn'dt.  C.  Boarman,  January  24lh,  1825,....  289 

Commodore  Porter  to  Lieut  Com'dt.  R.  Voorhces,  April  25th,  1824, 290 

Commodore  Porter  to  Lieut.  Com'dt.  Jno.  H.  Lee,  April  24th,  1024 290 

Jno.  II.  Lee  to  Commodore  Porter,  May  12th,  i::2l, 290 

Commodore  Porter  to  Lieut.  Corr.'dt.  J.  M.  Mclntosh,  June  5th,  1:  :; 292 

J.  M.  Mclntosh  to  Commodore  Porter,  July  Pth,  1824, . 

Same  to  same,  (Extract)  July  12th,  1824 294 

Same  to  same,  (Extract)    August  8th,  Ib24, 29* 

Commodore  Porter  to  Lieut.    Com'dt.  J.  M.  Mclntosh,  August  12th,  1324,  294 

Same  to  same,  August  1 8th,  1824, 29J 

Same  to  san.e,  August  19th,  182-1, 296 

J.  M.  Mclntosh  to  Commodore  Porter,  August  25th,  i::24, 296 

Commodore  Porter  to  Lieut.  Com'dt.  F.  G.  \Volbert,  July  3d,    1C23, 296 

Commodore  Porter  to  Lieut.  Com'dt.  C.  T.  Platt,  August  llth,  1824 297 

Same  to  same,  January  28th,  1325, 29?          \ 

Commodore  Porter  to  Lieut.  Cora'dt.  J.  W.  Sherburne,  October  20th,  1824.  298 
Commodore  Porter  to  Lieut.  Com'dt.  B.  L.  Grimke,  January  15th,  1825,..  298 

Same  to  same,  Jun.    iOt^,  182.'; 298 

Commodore  Potter  to  I.  t-Jt.  Com'dt.  Mr.  McKean,  July  l9tli,  1823, 298 

A.  B.  P'nkham  toCommo.iore  Porter,  August  4th,  1824, 299 

Commodore  Porter tc.  Lieut.  ComMt.  A.  B.  Pinkham,  August  llth,  Io24>...  300 

Commodore  Porter  tn  Lieut.  Com'dt.  R.  M.  Porter,  July  14th,  1H2J, 300 

Commodore  Porter  to  Lieut.  Com'dt.  F.  B.  Gamble,  Dec.  30th,  1823 300 

Same  to  same,  May  4tn,  1824, 301 

Commodore  Porter  to  Lieut.  Com'dt.  Wm.  H.  Watson,  March   llth,  1823,  301 

Same  to  same,  May  10th,  1^23, 301 

\Vm.H.WatsontoCommodore  Porter,  July  llth,  1823, 301 

Commodore   Porter  to  Lieut.  Com'dt.  Urn.  H.  Watson,  July  13th,  1823,..  303 
Commodore  Porter  to  Lieut.  Com'dt.  N.  L.  Montgomery,  April  21  st,  1824,  3oS 

N.  L.  Montgomery  to  Commodore  Porter, 

Commodore  Porter  to  Lieut.  Com'dt.  J.  Ray,  April  12th,  1821, 303 

Same  to  same,  May  4th,  1824, 304 

Commodore  Porttr  to  Capt.  Jno.  Porter,  March  4th,  1823 304 

Same  to  same,  March  llth,  1823 804 

Cmimodore  Porter  to  the  Commanding  Officer  at  Thompson's  Island,  June 

6th,  1824, 30* 

Commodore  Porter  to  the  Senior  Officer  at  Thompson's  Island,  August  12th, 

1824, 305 

Commodore  Porter  to  the  Commanding  Officer  of  the  U.  S.  Schooner  Por- 
poise, July  Tth,  1824, 303 


X  INDEX. 

Official  communications  between  Commodore  Porter  and 
the  constituted  authorities  of  the  West  India  Islands. 

PAGE. 

Commodore  Porter  to  the  Governor  of  Porto  Rico  ;  March  4th,  1823 306 

Capt.  Gen.  of  Porto  Rico  to  Commodore  Porter ;  March  6,  1823.. 307 

Same  to  same;  March  6,  1823 308 

Same  to  same;  March  7,  1823 3 

Commodore  Porter  to  the  governor  of  Porto  Rico  ,  March  8, 1823 3 

Commodore  Poner  to  Capt.  Gen.  of  Porto  Rico  .  March  11,  1823 3 

Commodore  Porter  to  Captain  General  of  Cuba  ;  March  26, 1823 315 

Captain  Gen.  of  Cuba  to  Commodore  Porter,  March  29,  1823 316 

Commodore  Porter  to  Capt  General  of  Cuba;  April  20,  1823 317 

Same  to  same,   May  16,1823 317 

Captain  General  of  Cuba  to  Commodore  Porter;   May  10  1823.     318 

Circular  from  Capt.  Gen.  of  Cuba  to  the  commandants  at  the  several  mil- 
itary stations  in  that  Island  ,,•  May  10,  1823 319 

Captain   Gen.  of  Cuba  to  Commodore  Porter;  June  30,  1823 319 

Commodore  Porter  to  Captain  Gen.  of  Cuba  ;  July  13,  1823 320 

Capt.  Geu.  of  Cuba  to  ComnVre  Porter;  July  2*,  1823 320 

Commodore  Porter  to  the  Alcalde  of  Faxardo;  Nov.  12,  1824* 321 

Commodore  Porter  to  His  Excellency  Maj'r  Gen'l  Grant,  Governor  of  the 
Bahama's,  April  15.1824 322 

Official  communications  to  and  from  the  British  officers 
in  the  West  Indies. 

Sir  Thomas  Cochrane  to  Commodore  Porter,  March  6,  1823..... 323 

Sir  Edward  VV.  C.  R.  Owen  to  Commodore  Porter,  March  22,  1823 32S 

Extract  of  a  report  made  by  Capt.  Maclean,  July  5,  1823 324 

Sir  Edward  W.  C.  R.  Owen  to  Commodore  Porter,  May  19,  1823 325 

Same  to  same,  July  28,  1823 326 

Same  to  same,  Sep.  23,  1823 327 

Capt.  Roberts  to  Commodore  Porter,  March  19,  1823 32S 

Capt.  R.  Mc'Lean  to  Commodore  Porter,  July  23,  1823 329 

Commodore  Poiter  to  Captain  R.  Mc'Lean,  July  25,  1823 329 

Captain  R.  Mc'Lean  to  Commodore  Porter,  Aug.  8,  1823 330 

Same  to  same,  Jan.  10,  1825 330 

Miscellaneous  correspondence  on  the  general  subject  of 
piracy  and  convoy,  &c. 

Tate  and  Grawning  to  Commodore  Porter,  May  19,  1823 33l 

William  Taylor  to  Lieut.  Comd't  C.  Boarman,  Oct'r  10  1824 331 

T.  Reilly  Vice  Consul  at  Vera  Cruz  to  Commodore  Porter,  Oct'r  4,  1823..  332 

Dan'lT.  Patterson  to  Lieutenant  F.  H   Gregory,  April  15, 1823 332 

Same  to  Com.  Porter,  Dec'r  27,  1823 333 

Same  to  same,  March  18,   1824 334 

Dan'l  T.  Patterson  to  Com.   Porter,  Marcb31,   1824 335 

Same  to  same,  May  2o,  1824 335 

Commodore  Porter  to  Castillo,  Black  &  Co.  July   19,  1823 336 

Comrm.dore  Porter  to  George  Knight,  April  5,  1823 336 

John  Owen  to  Commodore  Porter,  April  16,  1824 336 

Commodore  Porter  to  John  Warner,  March  26,   1823 337 

Commodore  Porter  to  John  Warner,  Apiil  5,   1823 338 

Same  to  same,  April  10,  1823 339 

Commodore  Porter  to  John  Mountain,  June  7,   1823 339 

American  merchants  at  Matanzas  to  Commodore  Porter,  March  29,  1823..  33,9 


INDEX.  XI 

PAGE. 

Commodore  Porter  to  tiia  American  merchants  at  Matansa*,  March  30th, 

1823 3tt 

Amerir.il  n  merchants  at  Mat;in7.as  to  F.  II.  Gregory,  Sep.  17  1823 342 

N.  Biddle  to  the  Secietary  of  the  Navy,  Nov.  J  '.  I8j    .' 3  12 

F.  Adams  to  Commodore  Porter,  Auj't  13,  1824 SVi 

Same  to  same,  Dec'r  1::,  1824 344 

Coinmudore  Porter  to  P.  Adams,  June  7,  1823 

Same  to  same,  Dec'r  15,  1824 

R.  M.  <""vrut  to  Commodore  Porter,  Jan'y  2l>,  1S23 346 

The  V'i  •  i  •  MI  merchants  and  Ship  Masters  in  Trinidad  de  Cuba  to  Com- 

i.    I'nrter.  Jan'y  25,  18«3 3-iG 

Conrmiixlore  P'Tt-r  to  the  American  merchants  and  Ship  Masters  in  Tiin- 

irUddeCi.  6,18*8 317 

Commodore  Porter  ti>  V  ,y,  Dpf-r-niber  15th,  KJ24, 

Commodore  Porter  to  C   Weinbrennei,  January  15th,   18J5, r>W 

Miscellaneous  Orders  to,  and  Correspondence 
dijj'ncm  Officers. 

Commo.lorc  Porter  to  Captnin  S.  F.vans,  May  4th,   1824, 348 

Commodore  Porter  to  Captain  L.  Warringtnn,  January  '28th.  l!I2"' 

<  r  to  Captain  L.  Warrin^ton,  Januaiy  29111,  IKJ5, 349 

'  I'nrtcr  to  F.  A.  Thornton,  Drromhcr  2'.st,  1  «**.'.' 

Captain  Win   H.  Finch  to  Commodore  Porter,  July  19th,  |8.'-1, 350 

;o  >.a.ii.',   July    XHh,    i::JI, 350 

Same  to  same,  July  iJOth,   1S-2*, 351 

Same  to  same,   August  9th,  lt!24.. 353 



•im.iee  to  J.  1'.  Zantzinger,  Dei  cmbtT  7ih,  1823, 35/> 

\\ilkinsontoJno   T.  Kitciiie,  Februai\  

John  T.  Newton  to  J.  P.  /antzinger,  April  3(lth.  K;24, 35U 

Lit'uten.int  Thos.  \V.  Fn-eloas  to  Lieutenant   F.    H.   Gregory,   September 
4Uj,   1823, 35G 


INDEX  TO  COURT  MARTIAL. 

Minutes  of  the  proceedings,  359 

Xotfs  of  the  principal  heads  of  argument  and  authority,  in  support  of  the 

objections  taken  by  the  Counsel  of  Commodore  Porter,  to  the   second 

charge,  and  the  specifications  of  the  same, l]i, 

Answer  of  the  Judge  Advocate  to  the  preceding  objections, 

Commodore  Potter's  Defence,.... 447 

Pn-cept,  marked  (A.)  515 

(B.)  Judge  Advocate  Challenged 515 

(C.)  Charges  and  Specifications  exhibited   against  David  I'oiter,   Esq.  a 

Captain  in  the  Navy  of  the  United  States, 519 

(D.)  Secretary  of  the  Navy  to  Capt.  J.   Barron,  July  8th,  1825 

(F.. ,  Original  charges  in  the  Secretaiy  of  the  Navy's  letter,  dated  2'2<i  June, 

1825 '. 521 

c'y  Navy  to  Capt  Porter,  June  22nd,  1825 

^G.)   Remarks  upon  the  charges, 522 

(H.)  CM  in* nil  instructions, 524 

(1      Objections  to  second  charge  and  specifications 530 

(L.)  Scc'y  Navy  to  R.  S    Coxe,  July  1'J,  1K-J5 531 

(M.)  Sec>  Navy  to  Hon.  Wm.  Wirt,  July  18,  1825 531 

(N.)  Hon.  Wm.  Wirt  toScc'y  Navy,  July  19,  1825 532 

(0.}   Withdrawal  of  objections  to  second  charge   and  specifications;   and 

stating  the  considerations  by  which  he  vtxs  guided. 532 


Xil  INDEX. 

Sec'y  Navy  to  Com.  Barren,  Aug't  11,  1825  (A) 534 

Sec'y  Navy  to  R.  S   Coxe,  Esq.  Aug't  12,  1825.  (B.) 535 

(No.   1.)  Cabot,  Bailey,  &  Co's.  advertisement, .535 

(No.  2.)   VVm.  Furniss  to    Lieut.  C.  T.   Plait,  February  1st,  1825 536 

(No.  3.)   LIPUU  C.   T.   Platt  to  Commodore  Porter,   Feb.   10,  1825 536 

(No.  4.)  Secretary  Navy  to  Commodore    Porter,  1st  February,  1823,....  537 
(No.  5.)  Com.  Porter  to   President  of  the  United  States,  April  17,  1825,  540 

(No.  5.)  Com.  Porter  to  Secretary  Navy,  July  6,  1825 641 

(No.  6.)  Same  to  same,  January  30th,    1825, 542 

(No.  6.)   Lieut.  C.   T.  Platt  to  Commodore  Porter,  Nov.  llth,   1824,....  6*3 

(No.  7.)  Com.  Porter  to  Secretary  Navy,  March  16,  1825, 545 

(No.  7.)  Stephen  Cabot  to  Com.  Porter,  Nov.  12th,   1824, 5*5 

(N7o.  8.)  Com.   Porter  to  Secretary  Navy,  April  13th,  1825, 545 

(No.  8.)  Bergeest  &  Wnlhorn  to  Secretary  Navy,  Nov  llth,  1824, 547 

(No.  9.)  Com.  Porter  to  Secretary  Navy,  June  14,  1825, 54& 

(No.  10.)  Same  to  same,   May  2nd,   1825, 549 

(No.  ll.)   The  pamphlet  referred  to  in  the  2nd  specification, 5<"7 

(No.  12.)  Com.  Porter's  protest  to  sending  interrogatories  to  Mr.  Monroe,  550 

(No.  13.)  Original  record  of  the  proceedings  of  the  Court  of  Inquiry, 10 

(No.  14.)  Com.  Porter  to  Peter  Force,  June  15th,  1825, 558 

(No.  15.)  Variances,  &c 553 

(No.  16.)  A  statement  of  certain  tacts,  agreed  to  by  both  sides,  dispensing 

with  the  attendance  of  witnesses  to  establish  them, ...., 555 

(No.  17.)  Secretary  Navy  to  Messrs  Gales  &  Seaton,  April  15,  1825,....  556 

(No.  18.)  Same  to  same,  April  18th,  1825, 556 

(No.  19.)  Copies  of  letters  from  Gales  &  Seaton  to  the  Secretary  of  the 

Navy, 556 

(No.  20.)  Correspondence  between  Sec'y  of  the  Navy  and  Com.  Porter,..  557 

(No.  21.)  R.  S.  Coxe  to  Com.  Porter,  May  21,  1825 559 

(No.  22.)  R.  S.  Coxe's  explanation  of  the  letter  of  May  21,  1825, 559 

(No.  22.)   W.   W.  Seaton  to  R.  S.  Coxe,  July  27,  1825, 569 

(No.  23.)  James  Monroe  to  R.  S.  Coxe,  July  25,  1825, 561 

(No.  24.)  Interrogatories  propounded  to  the  Hon.  James  Monroe, 561 

(No.   25.)  James  Monroe's  answers  to  the  Interrogatories, 563 

(No.  26.)  Com.   Porter  to  James  Won  roe,  July  6,  1825, 567 

(No.  27.)  James  Monroe  to  Com.  Porter,  March  12,  1825, 567 

(No.  28.)  Com.  Porter  to  James  Monroe,  March  12,  1825, 568 

(No.  29.)  Sec'y  Navy  to  Com.  Poiter,  Oct.  2lst,  1824 569 

(No.  30.)  Same  so  same,  August  l9tli,  1823 570 

(No.  31.)  Same  to  same,  Sept.  29,  1823, '. 57§ 

(No.  32.  Extract  of  a  letter  from  the  Hon.  Sec'y  of  the  Navy,   Sept.   30th 

1823, 571 

(No.  33.)  I.  Chauncey,  for  Secretary  Navy,  to  Com.  Porter,  October  28th 

1823, 571 

(No.  34.)  Extract  ot"  a   Iftter,  from  Com.   Porter   to   the  Hon.  Secretary 

Navy,  dated  Nov.  19th,   1823, 57g 

(No.  35.)  Extract  of  a  letter  of  Instructions  from  the  Hon.  Secretary  Nary, 

December,  1823, 572 

^No.  36.)   Secretary  Navy  to  Com.  Porter,   May  17th,   1824, 672 

(Xo.  37.)  Com.  Porter  to  Secretary  Navy,  May  28th,  1824, 57£ 

(No.  38.)  Secretary  Navy  to  Com.  Porter,  May  3lst,   1824, 573 

(IVo.  39.)  Com.  Porte)  to  Secretary  Navy,  June  25th,  1824, 574 

(No.  40.)  Chas.  Hay,  for   Secretary  Navy,  to  Com.  Porter,  June  29th, 

1824, 574 

(No.  41.)  Com.  Porter  to  Sec'y  Navy,  August  llth   1824, 575 

(No.  4-2.)  Chas.  Hay  to  Corn.  Por'er,  Sept.  11,  ]82t r»7S 

(No.  43.)  Sec'y  Navy  to  Com.  Porter,  October  14,  1824, 57g 

Com.  Porter's  Exposition  of  the  Faxardo  affnir.  together  with  the  proceed- 
ings of  the  Court  of  Inquiry  thereon, 577 


PROCEEDINGS. 


(Copy.) 
>  \r  CiiAr\(  i;v,  EsariRE, 

Captain  in  the  Aury  of  the  United  States  : 

It  having  been  made  to  appear  to  the  President  of  the  United 
States,  that  on  or  about  the  fourteenth  day  of  N  ,,\  <  inSer,  in  (be 
year  of  our  Lord  one  thousand  emht  hundred  ami  twvi.u  lour, 
Oivid  Porter,  Inquire,  a  Captain  in  the  Navy  of  tin-  United  Slate-, 
then  in  command  of  the  N.ival  forces  of  the  United  States  in  the 
\Ve-t  Indie*  ami  (iulf  of  Mexico,  did,  with  a  part  of  the  military 
force  under  his  command,  forcibly  land  upon  the  l.-land  of  Porto 

.  a  part  of  tin-  dominions  of  lii-  (';ttholi.-   .Majesty  the  K. 
Spain,  then  and  siill  at  p.-ace  and  in  amity   with  the  Government  of 
ne  United  States,   and  did  then  and  there  commit  acts  of  hostility 
within  the  territories,  and  against  the   subjects,  of  the  said  King  of 
Spain. 

The  President  of  the  United  States  has  deemed  an  inquiry  into 
the  conduct  of  the  said  David  Porter,  on  that  occasion,  as  well  as 
into  the  causes  whirh  led  to  the  same,  to  be  necessary  and  proper. 

\nd  whereai  certain  representations  have  been  made  to  the 
rnment  of  the  United  Stales,  in  n-mrd  to  the  employment  of 
tin-  Naval  for<-.-»  M!'  the  United  State-  in  th<>  \Ve-t  Indie- 
of  Mexico,  seltinji  forth,  in  substance,  that,  in  the  year  one  thou- 
sand ei^ht  hundred  and  twenty-four,  the  said  Naval  forces  were 
not  employed  in  the  «.'ippre-sion  of  piracy  in  the  most  effective 
manner,  but  wen-  employed  in  the  transportation  of  specie,  and  in 
other  objects  of  inferior  moment,  to  the  neglect  of  the  public  inter- 
im! the  -aid  David  Porter,  considering  his  conduct  and  char- 
acter as  the  Commander  of  said  forces  to  be  thereby  implicated,  hns 
requested  of  this  Department  that  an  inquiry  be  made  into  the  truth 
of  said  representations. 

The  President  of  the  United  States,  in  consideration  of  the  pre- 
mises, has  charged  me  to  convene  a  Court  of  Inquiry  for  the  purpose 
mining  into  the  matters  afore-, ml. 

You  are  therefore  hereby  ordered  to  proceed  to  the  Navy  Yard 
at  the  City  of  Washington,  on  or  before  the  second  day  of  May 
n^xt,  to  act  as  a  member  of  said  Court,  and  to  officiate  as  the  P. 
dent  thereof. 

Orders  are  also  transmitted  to  Captain  Wm.  M.  Crane  and  Cap- 
tain George  C.  Read,  to  appear  at  the  time  and  place  aforesaid  ; 
and  li'miiard  S.  Coxe,  Esquire,  is  also  appointed  Joil'ii  Advocate, 
and  will  report  himself  to  you  in  that  capacity  at  the  time  and  place 
aforesaid, 

o 


10 

And  the  said  Court  is  hereby  required  to  convene  and  organize 
at  the  said  Navy  Yard  at  Washington,  on  the  said  second  day  of  May, 
and  is  authorized  and  directed  to  summon  before  it  such  persons 
as  may  be  deemed  necessary  to  give  information  touching  the  mat- 
ters aforesaid  ;  and  is  also  empowered,  authorized  and  directed, 
diligently  and  strictly  to  inquire  into  the  said  matters,  to  make  a 
statement  of  the  facts  in  relation  to  the  same  as  they  shall  appear 
to  the  Court  ;  and  particularly  to  examine  into  and  report  the  causes 
which  led  to  the  conduct  of  the  said  David  Porter  at  the  island  of 
Porto  Rico,  before  mentioned  ;  and  to  ascertain  and  report  whether 
the  Naval  force?  of  the  United  States  were  employed  in  the  most 
effective  manner  in  the  suppression  of  piracy,  or  in  objects  of  infe- 
rior moment,  to  the  neglect  of  the  public  interests  ;  all  which  you 
will  transmit  to  this  Department,  to  be  submitted  to  the  President 
of  the  United  States  for  his  consideration.  And  for  your  so  doing, 
this  shall  be  to  you  and  all  concerned  a  sufficient  warrant. 

Given  under  my  hand,  and  the  seal  of  the  Navy  Department 

of  the  United  States,  at  the  City  of  Washington,  this  nine- 
[L.  s.]      teenth  of  April,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  twenty-five,  and  of  the  Independence  of  the 

United  States  the  forty-ninth. 

(Signed)  SAMUEL  L.  SOUTHARD. 


(Copy.) 

Minutes  of  the  proceedings  of  a  Court  of  Inquiry,  directed  to  in- 
vestigate the  conduct  of  David  Porler,  Esquire,  a  Captain  in  the 
Navy  of  the  United  States,  convened  at  the  Navy  Yard  in  the 
City  of  Washington,  this  second  day  of  May,  in  the  year  one 
thousand  eight  hundred  and  twenty  five,  in  obedience  to  the  pre- 
cept of  the  Honourable  the  Secretary  of  the  Navy,  bearing  date 
the  nineteenth  day  of  April,  1825,  which  is  hereunto  annexed, 
and  marked  (A.) 

Captain  Isaac  Chauncey,  appointed  in  and  by  the  said  precept,  as 
President  of  said  Court,  and  Captains  William  M.  Crane,  and 
George  C.  Read,  members  thereof,  and  Richard  S.  Coxe,  Judge 
Advocate,  appeared. 

Captain  David  Porter  also  appeared,  and  being  asked  whether  he 
had  any  objection  to  offer  against  either  of  the  members  ot  the 
Court,  replied  that  he  had  no  specific  objection  to  urge,  but  that 
be  bad  some  remarks  which  he  wished  to  submit  to  the  considera- 
tion of  the  Court  after  it  was  organized,  and  previous  to  its  pro- 
ceeding to  make  the  investigation  for  which  it  was  convened. 
Whereupon,  the  oath  prescribed  by  law,  in  such  case,  was  admi- 
nistered by  the  Judge  Advocate  to  the  President  and  members  of 
the  Court,  and  the  President  administered  to  the  Judge  Advocate 
the  oath  required  by  law  to  be  taken  by  him. 


11 

Captain  Porter  then  submitted  and  read  to  the  Court  a  paper  con- 
taining certain  remarks  upon  the  precept  by  the  authority  ot  which 
the  Court  had  been  convened  ;  which  was  annexed  to  the  record, 
and  marked  <\ 

The  room  being  cleared,  the  Court  proceeded  maturely  to  deli- 
berate on  the  -ame  ;  after  some  time  it  was  opened,  and  the  Judge 
Advocate  informed  Captain  Porter  that  he  had  been  instructed  to 
read  to  him  a  letter  which  had  been  addre««ed  by  the  Judge  Advo- 
cate, by  the  directions  of  the  Court,  to  the  Secretary  of  the  Navv, 
by  which  he  would  be  apprized  of  the  course  which  the  Court  had 
taken  with  regard  to  the  paper  submitted  by  him.  Which  letter  was 
read,  annexed,  and  marked  (C.) 

The  Court  then  adjourned  till  to-morrow  morning,  at  1 1  o'clock. 

TUESDAY,  MAY  3n. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before. 

The  Judge  Advocate  submitted  and  read  to  the  Court  a  commu- 
nication from  the  Honourable  the  Secretary  of  the  Navy,  in  answer 
to  the  letter  yesterday  addressed  to  him  ;  which  was  annexed  to  the 
!.  and  m, irked  (D.) 

The  Judge  Advocate  then  submitted  and  read  to  the  Court  certi- 
fied copies  from  the  Navy  IK  p. irtment  of  certain  papers  annexed 
to  the  record,  and  marked  (No*.  1,  2,  .  I,  5,  and  G.) 

Charles  T.  ljlatt,  a  Lieutenant  in  the  Navy  ot  the  United  Slates, 
bcin^  duly  sworn  according  to  law,  deposes  and  says,  ,> 

Hn  the  21th  October  la-t.  a-  I  believe,  about  7  o'clock  in  the 
morning,  I  received  a  communication  from  Messrs.  Cabot,  Baily  and 
Co.  commercial  agents  at  St.  Thomas,  informing  me  that  their  store 
had  been  forcibly  entered  the  preceding  night,  and  robbed  of  goods 
t<>  the.  amount  of  not  less  than  five  thousand  dollars.  I  commanded 
the  Beagle,  then  at  St.  Thomas.  With  this  communication  I  re- 
ceived al-o  a  request  from  Messrs.  Cabot  and  Baily  to  assist  in 
recovering  the  goods.  I  went  on  shore  and  called  on  them,  and 
there  learned  from  merchants  who  had  been  previously  robbed  at 
line  place,  that  they  had  good  reason  for  supposing  that  these 
goods  hud  been  taken  to  Faxardo,  or  in  that  neighbourhood. 

I  lost  no  time  in  getting  my  vessel  ready  for  sea.  took  with  me  a 
pilot  furnished  from  the  shore,  and  a  clerk  of  Messrs.  Cabot  and 
Baily,  with  a  description  of  the  goods  that  had  been  stolen.  On  the 
evening  of  the  'JGth,  about  G  o'clock,  I  anchored,  with  my  colours 
flying,  in  the  harbor  of  Foxardo.  It  was  then  so  late,  that  the  pikl 
did  not  think  it  prudent  to  go  on  shore,  or  was  not  capable  of  show- 
ing me  the  way.  Early  the  next  morning  (the  27th)  a  boat  came 
alongside  with  a  message  frotn  the  Captain  of  the  Port,  who  said  lie 
would  l>e  happy  to  see  me  on  shore. 

I  inquired  whether  he  was  acquainted  with  the  character  of  the 
vessel  :  to  which  he  replied,  yes.  Lest  he  might  be  mistaken,  I  di- 


12 

reeled  him  to  inform  the  Captain  of  the  Port  that  it  was  the  United 
States  schooner  Beagle,  and  that  I  should  be  on  shore  as  soon  as 
possible.  At  about  half  past  6,  I  landed  ;  I  was  there  met  by  a 
parcel  of  ruffians  ;  I  could  hardly  tell  what  they  were.  One  of 
them  informed  me  that  I  could  not  proceed  up  to  the  village.  I 
inquired  of  him  who  he  was,  whether  an  officer  or  not?  He  gave 
me  no  satisfaction  whatever,  but  merely  repeated  that  I  could  not 
proceed  up  to  the  town.  I  then  proceeded  on  without  any  interrup- 
tion whatever,  having  been  advised  so  to  do  by  some  citizens  who 
were  there,  who  informed  me  these  people  had  no  authority  to  stop 
me.  Hfiving-  entered  the  village,  I  first  went  to  the  Captain  of  the 
Port,  having  been  informed  by  a  gentleman,  a  citizen  of  the  place, 
that  this  was  proper.  I  informed  the  Captain  of  the  Port  of  the  ob- 
ject of  my  visit,  and  my  reasons  for  appearing  in  citizen's  dress,  and, 
after  producing  the  letter  addressed  to  Mr.  Campos,  he  appeared 
perfectly  satisfied  with  my  character,  and  directed  me  to  call  upon 
the  Alcalde,  and  inform  him.  1  called  upon  the  Alcalde,  and  explain- 
ed to  him  my  object,  and  again  produced  the  letter  to  Mr  Campos. 
He  was  perfectly  satisfied  with  my  character,  and  appeared  very 
much  pleased  that  I  had  taken  the  precaution  to  come  on  shore  iu. 
citizen's  dress. 

He  then  stated  that  he  had  no  doubt  that  he  should  be  able  to 
obtain  the  goods  before  night,  or  ascertain  where  they  were. — 
This  conversation  was  entirely  between  ourselves,  the  interpreter 
only  being  present,  every  one  else  being  out  of  hearing.  He  said 
the  recovery  of  the  goods  would  probably  be  attended  with  some 
expense.  I  replied,  that  if  it  was  necessary  to  offer  a  reward  for  the 
recovery  of  the  goods,  I  was  authorized  to  offer  one,  not  to  exceed 
one  thousand  dollars.  I  then  proposed  going  round  to  the  different 
stores  where  it  was  possible  these  goods  might  have  been  deposited, 
with  the  police,  and  examine  the  goods,  and  see  if  they  correspond- 
ed with  the  samples  and  descriptions  we  had.  It  was  supposed  that 
the  goods  which  had  been  stolen  were  the  only  goods  of  that  de- 
scription in  the  country.  He  told  me  to  let  that  matter  rest,  to  let 
him  manage  the  affair.  He  observed,  that  as  I  had  very  properly 
taken  the  precaution  to  come  on  shore  in  citizen's  clothes,  he 
thought  it  advisable  to  let  it  rest  entirely  with  him  ;  that  if  I  accom- 
panied him,  it  might  excite  some  suspicion.  I  accordingly  went  to  a 
public  house  and  took  my  breakfast.  About  an  hour  after  I  had  fin- 
ished my  breakfast,  I  received  a  message  from  the  Alcalde,  request- 
ing me  to  call  at  his  office.  I  was  then  under  the  impression  that 
he  had  made  some  discoveries  in  respect  to  the  goods  that  I  was  in 
search  of.  I  went  over  to  his  office  directly.  Lieut.  Ritchie  and 
the  pilot  were  with  me,  to  see  what  the  result  was. 

I  inquired,  on  my  arrival  at  the  office,  of  the  Alcalde,  wheth- 
er he  had  sent  for  rne,  and  for  what  purpose.  To  this  the  Captain 
of  the  Port  replied,  in  the  most  provoking  and  insulting  manner,  that 
he  had  sent  for  me  for  the  purpose  of  demanding  my  register.  I  in- 
formed them  that  I  had  previously  offered  to  shew  my  commission, 


13 

my. uniform,  and  my  colours,  that  I  had  no  register,  that  a  man  ot 
war  carried  none,  lie  then  told  me  that  if  1  did  not  produce  my 
or  at  once,  he  would  imprison  me.  1  then  requested  permis- 
sion to  go  on  hoard  my  vessel  with  any  officer  they  might  chooM-  to 
send  with  me,  and  that  I  would  satiety  them  of  the  character  of  my 
I  and  of  myself.  I  then  stated  to  them  tiiat  the  insult  which 
1  had  received  from  them  was  of  that  nature  that  it  could  not  he 
overlooked  on  my  part,  and  that  I  should  make  a  formal  report  of  it 
to  Commodore  I'orter  ;  and,  lest  they  might  deny  that  they  had 
arrested  and  imprisoned  me,  that  I  should  proceed  directly  on  board 
my  vessel,  and  leave  the  port.  I  left  the  office  with  the  design  of 
returning  to  my  vessel,  when  I  was  pursued  by  soldiers,  who  look 
me  by  the  collar,  arresled,  and  brought  me  back. 

I  then  considered  myself  as  a  prisoner.  After  detaining  me 
about  an  hour  under  charge  of  the  sentry,  with  Mr.  Ritchie  and  the 
pilot,  they  consented  to  let  me  send  Mr.  Bedford,  the  Clerk,  who 
had  been  sent  down  by  Messrs.  Cabot  &.  Baily,  on  board  the  ves- 
sel, for  my  commission.  1  sent  him  on  board,  and  directed  him  to 
bring  my  commUsion  and  uniform,  (hough  they  did  not  require 
the  latter.  Mr.  Bedford  returned  with  them.  I  put  on  my  uni- 
form ami  shewed  them  my  commission,  observing  it  was  a  thing 
which  had  never  been  required  of  me  before. 

After  perhaps  fifteen  minutes  deliberation  on  the  subject,  they 
pronounced  the  commission  a  forgery,  and  me  a  damned  pirate,  and 
ordered  me  to  be  confined  in  the  jail.  They  called  it  the  King's 
house,  and  not  knowing  what  that  meant,  I  thought  they  were  about 
taking  me  to  the  most  genteel  house  in  the  place.  So  soon  as  I  ap- 
proached near  enough  to  discover  that  it  was  a  guard  house,  well 
calculated  to  produce  the  yellow  fever  or  plague,  I  objected  to  be- 
ing confined  there,  and  said  1  would  not  be,  unless  they  compelled 
it  by  force  of  arms.  In  about  ten  minutes  they  returned  me  to  the 
quarters  from  which  they  had  taken  me,  and  placed  me  undercharge 
-'•ntry.  After  my  return,  I  directed  the  interpreter  to  inquire 
what  their  object  was  ;  whether  they  meant  to  detain  me,  or  uhat 
they  wanted.  The  answer  was,  they  would  detain  me  until  they 
heard  from  St.  John's,  as  I  had  produced  nothing  to  satisfy  them  of 
my  character.  I  informed  them  that  what  I  had  already  shewn 
them  was  all  that  it  would  be  in  my  power  to  shew  them  after  hear- 
ii.g  from  St.  Johns.  They  informed  me  1  had  shewn  nothing  to  sat- 
isfy them  that  1  was  ever  ordered  to  that  vessel  as  a  Lieutenant  Com- 
mandant. 

1  then  requested  permission  to  ?end  on  board  for  my  orders  ;  it  was 
granted  ;  1  sent  on  board  and  got  them.  After  producing  my  orders, 
ltu"v  called  a  council,  detained  me  till  about  fifteen  minutes  before  sun 
down,  confined.  I  was  then  set  at  liberty,  and  ordered  to  go  on 
board  my  vessel,  which  I  did,  laughed  and  hissed  at  by  every  black- 
guard in  the  street.  In  this  \va)  1  left  the  village,  went  on  board 
luj  vessel,  and  got  under  weigh. 

On  the  19th  of  November  1   was  standing  out  of  the  harbour  of 


14 

St.  Thomas,  and  discovered  the  John  Adams,  with  her  broad  pen- 
dant flying,  standing  into  the  harbour.  As  soon  as  the  Commodore 
came  to  anchor,  I  went  on  board  and  reported  myself  to  him,  and 
mentioned  the  circumstances  that  had  led  to  my  visit  to  Faxardo, 
and  the  treatment  I  met  with  there.  The  Commodore  replied  that 
a  written  report  was  necessary.  I  informed  him  it  should  be  done 
directly  ;  that  my  not  expecting  him  so  soon  was  the  cause  why  it 
had  not  already  been  made  out.  The  Commodore  further  inform- 
ed me  that  if  the  circumstances  of  the  case  would  justify  my  going 
there  as  I  did,  that  he  would  visit  Foxardo,  and  obtain  redrecs  for  the 
insult  offered  to  my  person,  and  to  the  flag  of  the  United  States.  I 
referred  the  Commodore  to  Mr.  Cabot  and  Mr.  Furness,  both  com- 
mercial agents  at  that  place,  who  would  inform  him  that  robberies 
of  the  same  kind  had  been  before  committed,  and  the  goods  stolen 
traced  to  Faxardo,  or  the  neighbourhood. 

The  Commodore  directed  me  to  go  on  shore  and  request  Mr. 
Cabot  to  come  on  board,  and  at  the  same  time  get  a  Pilot.  I  saw 
Mr.  Cabot,  who  immediately  came  on  board  with  me.  In  the  morn- 
ing the  Pilot  came  on  board  the  Beagle,  and  I  immediately  got  under 
weigh  and  stpod  out  to  the  Adams,  then  under  weigh,  by  order  of  the 
Commodore.  I  went  on  board  the  Commodore,  and  delivered  my 
written  report.  I  was  then  ordered  to  go  a  head,  with  the  Pilot 
on  hoard  the  Beagle,  and  make  the  best  of  my  way  to  Faxardo. 

The  wind  however  was  light,  and  we  were  obliged  to  lie  too,  off' 
and  on,  during  the  night.  The  next  morning  at  day  light,  I  was 
hailed  and  ordered  to  proceed  again  a  head. 

At  about  7  o'clock  a  boat  was  sent  on  board  from  the  Commodore 
for  the  Pilot,  and  I  was  directed  to  proceed  on  again  to  the  south. 
At  8,  signals  were  made  to  follow  the  motions  of  the  Commodore, 
who  was  standing  into  the  land.  At  9,  we  came  to  anchor  under 
the  lee  of  Passage  Island,  where  we  remained  until  12  at  night, 
when  the  Grampus,  the  Beagle,  the  barges  of  the  Adams,  with  as 
many  of  the  officers  and  men  as  could  be  spared  from  the  vessels, 
got  under  weigh,  and  proceeded  towards  the  harbour  ot  Faxardo. 
At  8  o'clock  in  the  morning  of  the  14th  we  came  to  anchor,  with 
the  Grampus  and  Beagle,  in  the  harbour  of  Faxardo.  The  barges 
were  officered  and  manned,  and  about  landing  ;  at  this  time  one  of 
them  had  been  sent  to  attack  a  fort  on  an  eminence  at  the  beach. 
Commodore  Porter,  at  the  same  time,  sent  by  Lieutenant  Stribling 
a  flag  of  truce  to  the  Alcalde  of  the  place. 

At  half  past  8  we  commenced  marching  up  from  the  landing  to 
the  village,  which  was  about  a  mile  and  a  half  distant.  We  walked 
it  in  about  fifteen  or  twenty  minutes.  After  we  arrived  within  about 
forty  rods  of  the  village,  in  a  few  minutes  we  discovered  a  field 
piece  a  head,  with  a  number  of  men  with  muskets.  Commodore 
Porter  ordered  us  to  halt ;  about  fifteen  minutes  after,  we  discover- 
ed a  white  flag,  which  was  accompanied  by  Lieutenant  Stribling,  the 
Alcalde,  the  Captain  of  the  Port,  and  the  interpreter.  They  pro- 
fessed, when  they  met  the  Commodore,  not  to  know  the  object  of 


lii<;  \isit ;  the  Commodore  informed  them  they  ought  to  have  known 
that  from  the  tenor  of  his  note.  Asked  them  if  they  had  not  confin- 
ed me  after  knowing  that  1  was  an  American  officer,  and  why  they 
li.nl  done  so  ?  The  Alcalde  admitted  he  had  confined  me  after  know- 
ing I  was  an  American  officer,  but  said  that  he  was  not  to  blame,  as 
he  had  been  forced  to  do  so  by  others.  The  Commodore  informed 
him  that  he  had  nothing  to  do  with  any  other  person;  that  he  was  th« 
Alcalde,  and  chief  magistrate  of  the  place,  and  that  he  held  himre- 
sponsihle  for  the  insult  offered  to  me  and  to  the  fl;ig.  That  as  he 
hat!  the  power  of  confining,  he  certainly  had  the  power  of  releasing 
me.  The  Commodore  then  informed  him  there  was  no  neci 
for  any  altercation,  that  the  time  he  had  allowed  had  nearly  expired; 
that  there  was  about  five  or  seven  minutes  remaining;  lhat  he  re 
quired  of  them  a  suitable  apology,  such  a  one  as  should  be  di<  i 
the  refusal  ot' which  would  compel  him  to  resort  to  force  of  arms, 
which  should  terminate  in  the  final  destruction  of  the  village.  They 
acceded  to  this,  and  apologised  in  the  manner  the  Commodore  dicta- 
ted, to  the  satisfaction  of  all  present. 

This  being  done,  we  proceeded  down  to  the  beach,  refreshments 
were  brought  down,  and  we  returned  to  the  vessels  and  got  under 
weigh. 

I  neglected  mentioning  the  spiking  two  nine  pounders  which 
guarded  the  passage  by  which  we  marched  up.  I  do  not  know 
that  they  were  loaded.  There  was  a  battery  on  the  beach  on  the 
eminence  with  two  cannons.  I  saw  the  Spaniards  by  them  with 
matches  ;  they  were  training  them  upon  the  vessHs.  This  battery 
was  attacked  by  a  barge,  and  the  Spaniards  ran  without  firing;  the 
other  barges  landed  at  almost  the  same  time  on  the  beach  within 
half  a  mile  of  the  battery  ;  they  did  not  fire  at  us  at  all. 

The  Court  then  adjourned  till  half  past  10  to-morrow  morning. 


(Copy.) 

WEDNESDAY,    MAY  4rn. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before. 

The  Court  resumed  the  examination  of  Lieutenant  Platt. 

Q.  Was  the  store  of  Messrs.  Cabot  fc  Daily  in  the  town  or  isl- 
and of  St.  Thomas  ' 

A.  The  store  of  Messrs.  Cabot  &  Baily  was  in  the  city  of  >;. 
Thomas,  the  dock  on  the  rear  of  the  store. 

Q.  Were  those  gentlemen  at  the  time  resident  merchants  at  St. 
Thomas? 

.1.  Yes ;  those  gentlemen  were  American  citizens  residing  at  St. 
Thomas  ? 

Q.  Did  any  communications  pass  between  yourself  and  the  author- 
ities of  St.  Thomas,  in  relation  to  the  alleged  robbery  ? 

•  1.  No;  I  had  no  communications  with    the   authorities   at  St. 


16 

Thomas,  I  understood  from  Mr.  Cabot,  and  subsequently  from  the 
Governor,  thai  some  had  passed  hetvveen  them 

Q.  Did  you  carry  any  letter  or  other  document  from  the  Gover- 
nor or  other  officer  of  St.  Thomas,  or  any  force  furnished  from  that 
Island?. 

j3.  No  ;  I  carried  no  paper  from  any  official  person  at  St.  Thom- 
as, hut  a  private  letter  from  one  of  the  most  respectable  merchants 
there,  addressed  to  Mr.  Campos  one  of  the  most  respectable  mer- 
chants at  Faxardo. 

Q.  What  orders  had  you  received  from  Commodore  Porter,  which 
you  considered  as  authorizing  the  steps  you  took  ? 

A.  1  had  received  orders  to  protect  our  commerce  in  every  man- 
ner which  was  consistent  with  the  rules  of  the  service.  I  understood 
myself  as  authorized  to  go  on  shore  at  Faxardo,  and  inform  the 
police  of  the  robbery  that  had  been  committed,  which  was  the  ob- 
ject I  had  in  view. 

Q.  Did  the  messenger  from  the  Captain  of  the  Port,  or  the  Cap- 
lain  of  the  Port  himself,  intimate  in  your  first  conversation  with 
th*  m  that  they  knew  the  vessel,  then  in  port,  to  be  an  American 
man  of  war  ? 

A.  Yes  ;  the  Captain  of  the  Port,  in  my  first  interview  with 
him,  appeared  perfectly  satisfied  of  the  fact,  and  took  down  the 
name  of  the  vessel,  and  the  names  of  myself  and  officers,  and  our 
force. 

Q.  In  your  first  interview  with  the  Captain  of  the  Port,  or  the 
Alcalde,  did  you  request  them  to  act  in  the  recovery  of  the  pro- 
perty of  which  you  were  in  search,  or  did  you  propose  to  search 
for  and  take,  the  property  yourself? 

A.  1  requested  them  to  act,  to  search  for  the  goods  ;  not  intend- 
ing to  act  myself  at  all.  I  afterwards  proposed  going  myself  with 
the  police,  which  they  objected  to  as  unnecessary. 

Q.  Did  Commodore  Porter  know  any  thing  of  the  transaction  at 
Faxardo,  previous  to  your  communication  to  him  ? 

t/i.  No  ;  he  did  not. 

Q.  Do  you  know  whether  any  communications  were  made  to  the 
authorities  at  Porto  Rico,  either  by  yourself  or  Commodore  Por- 
ter, prior  to  the  landing  of  the  force  at  Faxardo  ? 

A.  I  knew  of  none. 

Q.  In  what  boat  or  vessel  did  Lieutenant  Stribling  go  to  Foxar- 
tlo,  and  what  length  of  time  elapsed  between  his  going  with  the 
flag  of  truce,  and  the  landing  on  the  beach  ? 

A.  Lieutenant  Stribling  went  down  to  Faxardo  in  the  Grampus, 
and  landed  about  the  same  time  that  the  men  did. 

Q.  Where  did  he  receive  his  instructions  from  the  Commodore: 
at  Faxardo,  or  before  your  arrival  there? 

A,  I  do  not  know 

Q.  How  many  officers  and  men  were  landed  ?  How  were  they 
armed?  What  orders  were  given  by  the  Commodore  to  the  landing 
party,  or  to  those  who  remained  behind? 


17 

.9.  I  believe  that  about  two  hundred  officers  and  men  were  land- 
ed. 1  do  not  know  what  order-  were  ^ivt-n  to  those  who  remained. 
I  WHS  ordered  to  land  with  as  many  men  as  I  could  conveniently, 
without  crowding,  carry  in  the  boats.  The  men  were  armed  with 
muskets,  boarding  pikes,  cutlasses  and  pistols.  I  heard  no  other 
orders  given  than  that  ;  after  we  landed,  \\u  were  directed  by  the 
Commodore  to  full  into  line  and  march  up. 

Q.  H,id  any  answer  been  received  to  the  communications  made 
through  Lieutenant  Stribling.  before  the  landing  of  the  men  and 
the  spiking  of  the  nuns  m  the  battery  on  the  beach,  and  the  two 
nine-pounders  between  the  beach  and  the  town  ? 

J     None  that  1  knew  of. 

({•   What  is  the  distance  between  Faxardo  and  St.  Johns? 

./.    1  think  about  forty  mil- 

Q.  Did  the  interpreter  appear  to  be  an  intelligent  man,  well 
acquainted  with  the  Spanish  and  English  languages  .'  And  do  you 
understood  Spanish  sufficiently  well  to  know  whether  he  interpret- 
ed corrcrtK  .' 

J.  The  interpreter  appeared  perfectly  acquainted  with  both 
languages.  1  understood  soinr  thin:.-  that  u  t  re  >aid,  and  my  pilot, 
who  understood  both  languages,  told  me  that  he  interpreted  cor- 
rectly. 

The  examination  of  the  witness,  in  chief,  having  been  closed, 
Captain  Porter  was  asked  whether  he  had  any  questions  to  propose 
to  the  witness,  to  which  he  replied,  that  before  proceeding  lo  take 
any  steps  in  his  defence,  he  had  some  remarks  to  submit  to  the 
Court,  which  he  read,  and  submitted  to  the  Court  ;  the  paper  was 
annexed  to  the  record,  and  marked  (K.) 

The  room  was  then  closed,  and.  after  some  time,  was  opened, 
when  the  Judge  Advocate  informed  Captain  Porter  that  the  Court 
had  maturely  deliberated  upon  the  paper  submitted  by  bun  ;  that, 
after  full  consideration,  the  Court  is  of  opinion  that  tin-  matter  of 
the  communication,  a*  well  as  the  language  in  which  it  is  couched, 
-  -vend  particular-  so  highly  objectionable  that,  could  the  C'ourt 
have  anticipated  it<  character  and  contents,  it  would  not  have  been 
surtered  lo  be  read.  The  Court  consider  it  as  highly  disrespect- 
ful both  to  the  Secretary  of  the  Navy  and  to  the  Court  itself.  This 
Court  cannot  submit  to  hear  from  any  ollicer  animadversions  on  the 
conduct  and  accusations  against  the  head  of  the  Department,  whol- 
ly foreign  to  the  investigation  in  which  it  is  engaged  :  nor  can  it, 
without  forfeiting  its  own  self  respect,  h-ten  to  language  so  offensive  to 
itself.  The  Court  is  willing  to  believe  that  this  objectionable  char- 
acter in  iy  be  attributed  to  the  hasty  manner  in  which  the  papei  ap- 
pears to  have  been  drawn  up  ;  and  that  Captain  Porter,  on  consid- 
eration, will  feel  himself  disposed,  as  well  lo  perceive  as  to  rectify 
the  grounds  of  objection. 

In  order  however  to  prevent  a  recurrence  of  such  unpleasant 
circumstances,  the  Court  has  ordered  that,  in  future,  no  communica- 
tion be  received  unless  in  writing  :  and  the  paper  must  previously 

3 


be  submitted  to  the  Judge  Advocate  for  the  consideration  of  the 
Court. 

The  Judge  Advocate,  further  informed  Captain  Porter  that  the 
Court  had  likewise  directed  him  to  state,  that  when  the  question 
was  asked  him  on  the  opening  of  the  Court  whether  he  had  any  ob- 
jections to  make  to  any  member  of  the  Court,  he  was  understood 
to  say  distinctly  that  he  had  none  ;  but  that  he  wished  to  submit  to 
the  Court  some  "  remarks  on  the  precept  by  which  the  Court  was 
convened,  and  the  materials  of  which  it  was  constituted."  It  was 
then  suggested  to  him,  that,  as  the  Court  had  not  yet  been  organ- 
ized, it  could  at  that  time  hear  nothing  from  him,  but  that  the  pro- 
per period  would  be  after  the  men.bers  had  been  sworn  in.  This 
suggestion  was  made  by  the  Judge  Advocate,  and  apparently  acqui- 
esced in  by  Captain  Porter. 

Immediately  after  the  organization  of  the  Court,  Captain  Porter 
read  and  submitted  to  the  Court  the  paper  which  has  been  annex- 
ed to,  and  constitutes  part  of,  the  record. 

Conceiving  that  it  contained  not  a  challenge  to  the  Court,  or  a 
specific  exception  to  any  member  of  the  Court,  but  objections  ap- 
1  plying  exclusively  to  the  precept  under  which  it  had  been  conven- 
ed ;  and  that  these  objections,  if  presented  to  the  Government, 
might  possibly  induce  some  change  in  the  precept,  with  which  the 
Court  had  no  authority  to  interfere  ;  feeling  also  that  the  excep- 
tions which  had  been  urged,  involved  the  competency  of  the  major 
part  of  the  members  of  the  Coun, — a  question  on  which  delicacy 
forbade  them  to  express  an  opinion,  when  it  had  not  been  present- 
ed distinctly  to  their  decision  ;  the  Court  determined  to  pursue  the 
course  which  was  adopted,  and  of  which  Captain  Porter  was  imme- 
diately apprised. 

If,  however,  Captain  Porter  did  design  to  raise  a  question  for  the 
decision  of  the  Court,  as  to  the  legality  of  the  precept  under  which 
it  is  acting,  the  Court  has  no  hesitation  in  saying  that  it  entertains 
no  doubt  upon  the  subject.  Had  any  doubt  existed,  the  Court 
would  have  put  it  in  a  way  to  be  satisfactorily  decided,  before  pro- 
ceeding to  act  under  it. 

The  Court  is  aware  that  it  possesses  no  power  to  compel  Cap- 
tain Porter  to  take  any  part  in  this  investigation  ;  but  it  is  equally 
satisfied  that  his  acts  can  in  no  degree  interfere  with  the  duty  of  the 
Court  to  proceed  in  the  investigation  which  it  has  been  charged  to 
make  by  the  competent  authority. 

The  Court  then  adjourned  till  ten  o'clock  to-morrow  morning. 

THURSDAY,  MAY  STH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before. 

Captain  Porter  stated  to  the  Court,  that  on  perusing  the  record, 
it  appeared  to  him  that  an  omission  had  been  made,  (which  he  was 
desirous  of  having  supplied,)  in  stating  the  proceedings  of  the  first 


19 

day.  He  submitted  to  the  Court  his  statement  of  the  remark-* 
which  he.  made  before  the  o:ith  was  administered  to  the  members. 
The  Court  being  of  opinion  that  Captain  Porter  is  entitled  to  have 
his  ^tatement  inserted  in  the  ivc.ii-d,  as  coi.taininir  bis  view  of  what 
transpired,  directed  it  to  be  inserted.  It  is  in  the  words  following, 
viz  : 

"  Captain  Porter  being  asked  whether  he  bad  any  objection  to 
offer  against  either  of  the  members  of  the  Court,  replied  that  he 
had  no  specific  objection  to  individuals  ;  but  he  objected  to  the  ma- 
terials of  which  the  Court  was  composed,  and  stated  further,  that 
he  had  some  remarks  to  make  on  the  subject,  as  well  as  on  the  pre- 
cept ;  that  hi-  did  not  think  the  Court  was  legally  formed." 

Captain  Porter  then  -ubmitted  to  the  Judge  Advocate,  for  the  con- 
sideration of  the  Court,  a  paper.     The  Court  was  <  !  ,1  af- 
ne  time  was  opened.     The  Judge  Advocate  informed  Captain 
r  that  he  was   instructed   by  tlie  Court  to  say  that  the  pip.-r 
In-  been  maturely  considered  ;  that  it  is,  deemed  objectionable  from 
,  k  of  a.-iiin  i  !\ .  i  -ion  upon  what  has  transpired,  and  of  m«truc- 
tion  as  to  the  future  conduct  of  the  Court.     The  Court  therefore 
will  permit  ('apt  -un  Porter  to    withdraw  it.     Should  he,  how « 
wi-h  it  to  be  inserted  on  tli  ;  reronl  in  it-  pre-rnt  shape,  it  .shall  be 
done,  accomp  mi-'d  by  such  remarks  as  the  Court  conceives  it  due 
Lo  them-elvi •-  to  make. 

Captain  Porter  declined  to  withdraw  the  paper,  it  was  accord- 
ingly read,  annexed  to  the  record  and  marked  (F,)  and  the  Judge 
Advocate  infonn<  <i  him  a-  follows: 

The  Court  feels  constrained  to  make  some  remarks  upon  the 
animadversions  which  Captain  Porter  ha?  thought  himself  en- 
titled to  pas-  upon  its  conduct.  The  Court  did  undei-taml  Captain 
Porter  to  waive  or  decline  challenging  any  of  the  members  of  the 
Court,  but  at  the  same  time  to  intimate  as  an  objection,  which  he 
conceived  <  M-  i-n/alion  of  the  Court,  that  two  of 

the  members  were  hi-  juniors  in  rank.  The  Court  did  not  at  any 
time  suppose  that  tin-*  odjeclion  had  any  foundation,  either  in  the 
letter,  or  spirit  of  the  law.  The  law  i?  silent  on  the  subject.  The 
only  qualification  required  i-.  tint  the  members  of  the  Court  should 
be  commissioned  officer-. 

"The  materials  then  of  which  this  Courtis  constituted,'1  are  con- 
ceived to  be  wholly  free  from  any  lei:  d  objection.  Nor  is  there  any 
thin^  in  the  spirit  of  the  law  which  the  Court  has  been  able  to  per- 
ceive, leading  to  a  dim- rent  conclusion.  Kvery  member  of  this  Court 
holds  tbe  came  commission  with  Captain  Porter  ;  all  are  Captains, 
one  his  senior,  two  his  junior-,  in  date  of  commission.  The  Court, 
however,  i*  clearly  and  unhesitatingly  of  opinion  that  no  law  would 
dated,  either  in  its  letter  or  spirit,  by  the  appointment  of  any 
three  commissioned  officers  to  constitute  a  Court  of  inquiry  into 
the  conduct  of  any  otlirer.  Courtesy  ami  a  le^ard  to  the  feelings 
of  the  ofl'nvr  w  lio-e  action*  are  to  be  investigated,  will,  it  is  pre<um- 
ed,  in  all  cas  nmcnt  from  selecting  onVcrs  of  a 


20 

very  inferior  grade,  to  set  upon  an   inquiry  into  the  conduct  of  an 
officer  of  f  levated  rank. 

But  this  principle  can  scarcely  be  carried  to  an  extent  which 
would  apply  to  a  Court,  every  individual  of  which  holds  the  high- 
est commission  which  is  known  to  the  American  Navy.  At  all 
events,  this  is  an  objection  which  the  Court  conceived,  and  still  con- 
ceives, can  be  properly  decided  only  by  the  Executive.  This  Court 
can  in  no  manner  interfere  with  such  a  question. 

In  this  instance,  likewise,  it  appeared  to  the  Court  to  be  so  con- 
nected with  other  comments  upon  the  precept,  as  to  present  itself 
before  the  Court,  rather  as  an  animadversion  upon  the  conduct  of 
the  Executive  in  thus  organizing  the  Court,  than  as  a  challenge 
formally  presenting  the  question  for  its  decision.  Captain  Porter 
seems  himself  to  have  so  viewed  it,  for  he  assigns  his  reasons  for 
making  this  Court  the  organ  of  his  communications  with  the  Depart- 
ment. 

The  Court  thinks  proper  further  to  remark,  that  the  single  object 
for  which  it  has  been  constituted,  is  to  inquire  into  the  official  con- 
duct of  Captain  Porter ;  and  to  report  to  the  Department  the  facts 
which  may  be  proved.  The  Court  possesses  no  power  to  adjudge 
Captain  Porter  innocent  or  guilty  :  it  has  no  authority  to  impose 
punishment.  The  duties  imposed  are  enjoined  by  the  competent 
authority.  The  interference  of  Captain  Porter  in  pursuing  this  in- 
vestigation, however  desirable  it  may  be  as  calculated  more  fully  to 
elicit  the  truth,  is  in  no  manner  necessary.  The  Court  is  compe- 
tent of  itself  to  perform  the  duties  imposed  upon  it,  and  will  now 
proceed  to  execute  that  task. 

Captain  Porter  was  then  asked  whether  he  had  any  questions  to 
propose  to  Lieutenant  Platt.  He  declined  putting  any,  and  obser- 
ved he  should  now  take  his  leave  of  the  Court. 

Alexander  J.  Dallas,  a  master  and  commander  in  the  Navy  of  the 
United  State?,  being  produced  as  a  witness,  and  sworn  according  to 
law,  deposes  ;»nd  says, 

I  was  a  master  commandant  in  command  of  the  John  Adams,  bear- 
ing Commodore  Porter's  broad  pendant.  We  arrived  some  time  in 
November,  I  do  not  distinctly  remember  the  date,  off  the  town  of 
St.  Thomas,  in  the  Island  of  St.  Thomns.  On  our  arrival  there, 
some  time  I  think  in  the  afternoon  of  the  same  day,  Lieutenant  Hlatt, 
in  company  with  Mr.  Cabot,  came  on  board  the  John  Adams,  and 
made  a  report  to  the  Commodore  of  some  ill  treatment  which  Lieut. 
Platt  had  received  at  Faxardo.  In  consequence  of  this  report,  I 
xmderslood  from  the  Commodore  that  it  was  his  intention  to  visit 
Faxardo,  and  endeavour  to  obtain  an  apology  from  the  authorities 
there  for  their  conduct.  On  the  following  morning.  I  was  directed 
to  get  the  John  Adams  under  weigh,  and  proceed  to  Faxardo. 

In  consequence  of  the  lightness  of  the  wind?,  and  the  Pilot  being 
of  opinion  that  the  draught  of  water  ot  the  John  Adams  was  too  great 
to  permit  her  being  taken  near  the  town,  1  was  directed  to  anchor 
her  under  cue  of  the  Passage  Islands,  to  get  out  all  my  boats  and 


21 

prepare  a  hundred  and  odd  men  with  the  officers.  Afier  all  the«r 
pp-p  nation-  wen-  made,  the  d  i\  had  -o  far  advanced  that  we  could 
not  have  arrived  there  before  night.  In  consequence  of  which,  tilt- 
Commodore  directed  that  we  should  be  ready  by  one  or  two  in  the 
morning  to  go  on  board  the  Schooner  Grampus,  she  and  the  Beagle 
!) ••in:;  i'»  company  ;  we  did  so,  ;ind  the  Grampus  took  our  boat-  in  tow. 
We  then  proceed,  d  to  Faxardo,  where  we  arrived  about  nine  or  ten 
the  next  morning.  On  anchoring,  we  observed  on  a  hill,  near  the 
beach,  a  small  buttery,  in  which  there  appeared  to  be  a  number  of 
men,  who  it  was  -u|>po<ed  intended  to  make  some  resistance  to  our 
anchoring.  An  order  was  given  by  the  Commodore  that  a  boat  and 
her  crew  should  dislodge  the  men  from  that  battery.  The  boats 
then  all  manned,  and  we  landed.  The  Commodore  then  direc- 
te.l  Lieutenant  Crabbe,  with  a  portion  of  the  marines,  to  advano 
take  a  position  on  the  road,  by  which  we  were  to  march  up  to  the 
town.  Lieutenant  Stribling  was  then  dispatched  with  a  flag  and  a 
letter  'o  the  authorities  of  Favardo  :  after  having  formed  the  men, 
•  •re  directed  to  follow  on  by  the  road,  leaving  a  cuard  of  ma- 
rines to  protect  the  boats  under  the  command  of  Lieutenant  Bartoo. 
We  then  marched  to  within  about  twenty  or  thirty  yards  of  w  be 
the  marines  under  the  command  of  Lieutenant  Crabbe  were.  The 
Commodore  directed  two  ^uns,  w  hn:h  we  met  with  on  the  road,  to  be 
spiked.  We  remained  there  until  Lieutenant  Stribling  returned 
with  two  officers,  who  were  understood  to  be  the  Alcalde  and  the. 
un  of  the  Port.  A  conversation  took  place  between  the  Com- 
modore and  the  Alcalde  through  the  medium  of  an  interpreter  ;  the 
result  of  which  w  is  an  apology  to  Lieutenant  IMalt  for  tlie  ill  treat- 
ment he  h  id  received  on  his  previous  visit.  The  Commodore  n-k- 
in^  the  officers  generally,  if  they  wen  1  with  the  apology. 

Finding  they  «ere  so.  he  directed  our  return.     He  received  howe- 
ver an  invitation  to  go  himself  into  the  town. 

H.-  wen-  -  led  us  by  all  the  force  that  was  collected.     A 

field  piece  and  sixty  or  seventy  men  with  arms.     After  this  we  re- 
turned to  the  beach,  "here  some  rum  and  refreshments  I. 
to  the  men,  we  embarked  inthe  boats,  went  on  board  the  Grampus, 
and  -ail-d  tor  the  John  Adams. 

(J.  II  id  you  rereixel  .ci\  information  on  board  the  John  Adams 
of  Mr.  Plan's  treatment  at  Kaxardo,  previous  to  his  making  the  re- 
port of  the  transaction  to  the  Commodore  ? 

A.  The  account  Mr.  Plntt  gave  was,  1  believe,  the  first  we  had  of 
the  affair. 

Q.    Was  .-my  communication  made  to  the  authorities  of  Porto  Rico 
previuu-ly  to  your  entering  the  harbour  of  Kaxardo  ? 
None  that  1  know  of. 

({.  Did  Captain  Porter  consult  with  any  of  his  officers  as  to  the 
expedition  he  projected,  or  did  any  of  them  express  any  opinion  to 
him  on  the  subject  ? 

-J.  He  dil  not  consult  with  any  of  them;  from  the  intimacy  that 
subsisted  between  Commodore  Porter  and  unbolt.  I  V.ieve  1  made 


22 

some  remarks  to  him  as  to  the  consequences  that  might  probably 
result  from  it,  and  I  think  he  replied  that  his  instructions  would 
bear  him  out  in  the  course  he  intended  to  pursue  on  the  occasion. 

This  WHS  a  voluntary  suggestion  by  me,  not  called  for  by  his  ex- 
pressing any  wish  to  consult  me. 

Q.  What  orders  did  you  receive  from  Captain  Porter  previous  to, 
or  at,  the  time  of  your  landing  ? 

Jl.  The  only  orders  that  I  received  were  those  which  I  have 
mentioned,  and  that  I  should  take  care  the  men  were  not  out  of  the 
way,  and  that  they  committed  no  excesses. 

Q.   How  were  the  men  armed  ?     Were  the  guns  loaded  ? 

Jl.  They  were  armed  with  muskets,  bayonets,  cutlasses,  pistols, 
and  boarding  pikes.  The  guns  were  loaded  on  the  beach  before 
we  marched  up. 

Q.  Was  any  flag  or  communication  sent  to  the  shore  before  you 
landed  ? 

A.  None  ;  Lieutenant  Stribling  landed  with  us.  The  boat  sent 
to  spike  the  guns  on  the  hill  went  previously  to  our  landing. 

Q  Did  you  advance  towards  Faxardo  before  the  return  of  the 
flag  sent  by  Lieut.  Stribling,  or  did  you  remain  on  the  beach  till  his 
return  ? 

A.  We  advanced  before  the  return  of  the  flag. 

Q.  Were  the  guns  spiked  before  the  return  of  the  flag? 

A.  Yes  ;  none  were  spiked  after. 

Q.  What  orders  were  given  by  Commodore  Porter  to  the  officers 
remaining  on  board  the  vessels  ? 

Jl.   I  do  not  know. 

Q.  Were  the  Grampus  and  Beagle  anchored  in  such  a  situation 
as  to  enable  them  to  cover  the  landing  ? 

J).  Yes  ;  the  Beagle  certainly  was — I  think  the  Grampus  also. 

Q.  Was  any  opposition  offered  to  your  landing,  or  to  your  ad- 
vance towards  the  town  ? 

Jl.  None  ;  the  impression  was  that  the  force  on  the  hill  would, 
had  they  been  able,  have  fired  on  the  vessels,  but  there  was  no  op- 
position to  our  landing. 

Q.  What  time  would  it  have  required  to  communicate  from  your 
anchorage  with  St.  Johns  ? 

Jl.  The  distance,  I  should  presume,  is  about  forty  or  fifty  miles. 

Q.  Is  not  St.  Johns  the  seat  of  Government  of  Porto  Rico  ? 

Jl*  Yes  ;    the   Governor  of  the  Island  resides  there. 

Horatio  N.  Crabbe,  a  Lieutenant  in  the  Marine  Corps  of  the 
United  States,  being  duly  sworn  according  to  law,  deposes  and  says  : 

I  was  commanding  officer  of  Marines  on  board  the  John 
Adams  in  November  last.  I  landed  at  Faxardo  in  the  same  boat 
with  Lieut.  Stribling,  and  on  getting  on  the  beach,  an  officer  inform- 
ed me,  that  Commodore  Porter,  who  had  previously  landed,  wish- 
ed to  see  me.  My  command  was  distributed  in  different  boats. — - 
On  reaching  the  place  on  the  beach  where  the  Commodore  was,  1 


23 

iirecled   by  him  to  form  my  guard,  look  for  the  road  to  the 
town,  proceed,  and  take  up  a  favourable  position  ;   :v,(\  at  the 

•.cry  particular  instructions  not  to  suffer  my  men  to 
commit  any  outrages  upon  the  property  of  the  inhabitants  along 
tin-  H;.I  !  ;  nor  to  commit  any  act  of  hostility  m\*elt',  unices  I  met 
with  resistance,  or  was  opposed  on  my  muivh  towards  the  town. — 
After  :  -(ructions,  I  commenced  my  march  tovtards 

the  town,  with  from  twenty -four  to  twenty-eight  men.  armed  with  mus- 
kets. When  about  half  way  between  the  beach  and  the  town,  I  c! 
ered  several  persons* approaching  me,  following  me  with  a  white  flag. 
I  could  uot  at  the  time  distinguish  who  they  were,  and  continu 
map-h.      After  a  short  time  I  discovered  that  the  bearer  was  Lieut. 
Stribling,  on  his  way  from  the  beach  to  the  town.      1    halt«-d  till  he 
came  up.     As  he  passed  me,  I  observed  to  him  that  I   would  • 
him  into  the  place;   he  an-vv.n.l   \.r\    well.      After  procen! 
short  distance  further,  he  was   met   by  a  number  of  per«>  •  -  fr--m 
the  town,  beariim  a  white  flag  also.      I  was  at  that  time  from  twenty 
to  thirty  varu>  l>»  liind  him.      Immediately  on  his   reaching  tli. 
wh.Tt-    the-e   persons  were  stan-i,  .!  tli;it  Lieut.  Strib- 

irrouml.d  by  a  number  of  armed  men.  Alter  fome  con- 
versation t\ith  them,  of  which  1  knew  nothing,  he  sent  a  m< 
to  me,  requesting  me  not  to  advance  an\  further.  1  accordingly 
halted  the  men,  and  rested  them  upon  their  arrrn.  I  was  at  this 
time  from  abou*  two  hundred  and  fifty  to  three  Hundred  yards  fiotn 
the  town,  perhap*  le--,  and  observed  that  there  was  a  number  of 
armed  men  dr.iwn  up.  as  I  presumed,  to  prevent  my  iroops  ftom 
entering  tin-  |il  n-e.  Tiiey  amounted  perhaps  to  about  three  times 
tis  m.m\  men  as  I  h.id,  and  had  a  tk-ld  piece,  which  I  presumed  was 
pounder.  There  \\.is  aNo  a  number  of  men  mounted  on 
!»ai-lv,  uho  were  armed  with  sAvords.  They  uere  at  the  en- 
trance of  the  town.  I  remained  in  the  position  !  had  taken  up,  un- 
til the  Commodore  came  up  with  a  body  of  seamen.  He  halted 
them  Miuie  distance  in  rear  of  my  division,  rfnd  came  himself  to  the 
ground  I  occupied,  and  directed  me  to  wheel  my  men  into  a  posi- 
tion which  would  face  the  Spaniards.  I  did  so,  and  again  i 
them  upon  their  arm*.  In  the  course  of  perhaps  fifteen  minute*, 
Lieut.  Stribling  was  observed  returning,  accompanied  l.y  the  Gov- 
ernor of  the  place,  and  a  small  number  of  the  inhabit. nN  I  was 
then  directed  by  Commodore  I'orter  to  place  my  men  in  a  sit- 
u  ition  that  would  occupy  both  sides  of  the  road,  and  -'ifter  none 
but  those  in  attendance  on  the  fl.vj;  to  pass  me.  After  this  he  re- 
turned to  where  the  officer^  u  :ie  d^tance  in 
ihe  rear  of  the  Marines,  and  there  received  the  Governor  or  Al- 
(Citlde.  I  know  nothing  of  what  occurred  there,  their  being  at  too  great 
a  distance  to  hear  n  a  short  time  I  observed  the  Governor,  with 
Commodore  Porter  and  a  number  of  the  oflicers  approacbio  . 
The  Commodore  gave  me  order*  a-  he  p;i--ed,  to  put  the  Marines 
in  motion,  and  follow  him  into  the  town,  which  I  did.  After  pas- 
sing the  armed  Spaniard-:.  1  halted  upon  the  o-if«kirt-  of  the  place. 


24 

The  Commodore  observed  to  me  that  he  had  been  invited  into  the 
place  by  the  Governor,  and  also  the  men,  to  take  some  refresh- 
ments after  the  march,  but  said  at  the  same  time  that  he  did  not 
wish  to  bring  all  the  men  in,  as  he  apprehended  that  some  excesses 
might  be  committed,  which  would  put  an  end  to  the  peaceable  set- 
tlement oT  the  business.  He,  however,  told  the  Governor,  through, 
the  interpreter,  that  if  refreshments  were  sent  to  the  beach,  they 
should  be  paid  for.  After  that  they  parted,  as  I  thought  on  friend- 
ly terms,  and  we  left  the  town,  and  returned  to  the  boats.  I  brought 
up  the  rear  with  the  Marines.  A  number  of  the  inhabitants  accom- 
panied us  down.  Refreshments  were  sent  and  distributed  to  the 
men.  We  then  embarked,  and  returned  to  the  vessels.  Commo- 
dore Porter,  with  the  Marines,  and  the  Alcalde,  entered  the  out- 
skirts of  the  place,  but  none  proceeded  further. 
The  Court  adjourned  till  2  o'clock  to-morrow. 

FRIDAY,  MAY  GTH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before,  with  the  exception  of  Captain  Porter,  who  was  not 
present. 

Lieutenant  Platt  was  again  called. 

Q.  How  far  is  the  place  where  the  John  Adams  was  left  at  an- 
chor from  Faxardo  ? 

»fl.  About  twenty-two  miles. 

Q.  At  what  hour  did  you  leave  the  John  Adams,  and  at  what 
hour  did  you  arrive  at  Faxardo  ? 

.1.  We  left  the  John  Adams  at  midnight,  and  arrived  at  half  past 
seven  or  half  past  eight. 

Q.  To  what  nation  does  the  Island  of  St.  Thomas  belong  ? 

A.  It  is  a  Danish  Island. 

Q.  When  you  left  the  John  Adams,  at  what  time  did  you  calculate 
to  reach  Faxardo  ? 

A.  The  intention  of  the  Commodore  was  to  reach  Faxardo  at  sun 
rise,  as  he  informed  me  ;  we  were  detained  by  light  winds,  and  a 
cairn. 

Q.  vVere  the  two  nine  pounders  taken  and  spiked  by  the  marines, 
or  by  the  sailors  who  came  up  afterwards  ;  and  describe  as  nearly 
as  you  can  their  position  ' 

A.  I  was  ordered  by  the  Commodore  to  spike  them,  I  informed 
him  1  had  nothing  to  spike  them  with,  and  Mr.  Pendergrast  was  then 
ordered  to  do  it;  the  marines  had  passed  them.  They  were  placed 
in  the  road,  on  a  causeway,  where  the  road  was  straight  for  about 
one  hundred  rods,  and  commanded  that  part  of  it;  there  were  no 
Spaniards  there  at  that  time,  they  had  abandoned  them  ;  but  they 
had  been  manned  on  my  first  visit  to  the  place.  The  guns  on  the 
bill  were,  1  understood,  long  eighteen  pounders. 

Q.  Were  both  the  Grampus  and  Beagle  anchored  in  a  position  te 
cover  the  landing  ? 


»i.  The  Grampus  »vas  anchored  off  the  battery;  the  Bengle  in  a 
.itiKition  to  cover  the  landing. 

The  Judge  Advocate  informed  the  Court  that  he  should  probably 
be  in  possession  of  more  testimony  to  submit  to-morrow,  but  had 
none  to  lay  before  the  Court  at  this  time. 

The  Court  adjourned  till  twelve  o'clock,  to-morrow. 

SATURDAY,  MAY  ITU. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent all  the  members  of  the  Court,  the  Judge  Advocate,  and  Captain 
Porter.  The  Judge  Advocate  informed  the  Court  that  he  had  re- 
ceived a  communication  from  the  Secretary  of  the  Navy,  to  be  MI!>- 
tnitted  to  the  Court,  which  was  read,  annexed  to  the  record,  and 
marked  (G.) 

The  accompanying  documents  were  also  read  ;  the  Court  reserv- 
ing all  questions,  as  to  their  competency  and  credit  for  future  de- 
liberation and  decision.  After  reading  the  papers,  the  Court  was 
cleared,  and  the  Court  proceeded  to  deliberate  upon  the  papers 
submitted  to  it  ;  and,  after  having  maturely  considered  the  - 
the  Court  was  opened,  and  the  Judge  Advocate  stated  that  the  Court 
is  of  opinion  that  the  deposition  of  Lieut  Barton,  dated  February 
Oth,  1825,  be  annexed  to  the  record,  which  is  accordingly  done, 
and  the  paper  is  marked  (7.) 

In  regard  to  the  other  documents,  the  Court  is  of  opinion  that 
many  of  them  arc  not  sufficiently  authenticated  to  authorize  their 
reception,  without  an  express  and  sufficient  waiver  of  all  exceptions 
entered  on  the  record  ;  that  some  of  them  appear  to  be  of  a  confi- 
dential character,  and  their  contents  such  as,  without  affecting  this 
case,  ought  not  to  be  exposed  to  the  public  eye  without  necessity  ; 
and  that  collectively,  they  present  no  facts  or  views  calculated  to 
elucidate  the  subject  submitted  to  the  Court.  The  Court,  there- 
fore, directs  the  Judge  Advocate  to  return  them  to  the  Navy  De- 
partment, as  irrelevant.* 

The  Court  adjourned  till  half  past  ten  o'clock,  Monday  morn'nj. 

MONO  AY,  MAY  9rn. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday  :  pre- 
•«ent  all  the  members  of  the  Court,  the  Judge  Advocate,  and  Captain 
1'orter. 

Tlie  Judge  Advocate  stated  to  the  Court  that  he  had  no  further 
testimony  to  submit  to  the  Court  in  the  investigation,  and  the  othrr 
branch  of  inquiry  having  been  submitted  to  the  Court  at  his  solici- 
tation. 

*  It  appears  by  the  statement  of  Captain  Potter,  as  well  as  of  his  Clerk,  that 
the  letter  from  him  referred  to  in  the  letter,  was  dated  March  6th,  instead  ot 
May  6th,  by  a  mistake  of  the  Clerk.  K.  S.  COXE,  Judge  ,'ldiocatc. 

4 


26 

The  Court  was  cleared,  and  proceeded  to  deliberate  upon  the 
oourse  to  be  pursued  ;  and  after  some  time  was  opened,  and  the  Judge 
Advocate  stated,  that  the  Court  had  determined  to  proceed  to  com- 
plete the  business  which  had  already  been  investigated,  and  to  re- 
port to  the  Department  the  facts  which  have  been  proved  in  rela- 
tion to  it. 

The  record  of  the  proceedings  was  then  read  by  the  Judge  Ad- 
vocate, and  the  Court  was  cleared,  for  the  purpose  of  deliberating 
upon  the  report  to  be  made  to  the  Department. 

The  Court  having  concluded  the  examination  of  the  witnesses, 
and  having  maturely  deliberated  on  the  precept,  and  the  evidence 
which  has  been  submitted,  agree  in  the  following 

REPORT. 

The  Court,  in  obedience  to  the  precept  of  the  Honourable  the 
Secretary  of  the  Navy,  having  examined  into  the  conduct  of  Cap- 
tain David  Porter,  in  landing  with  a  part  of  the  military  force  under 
his  command  upon  the  island  of  Porto  Rico,  a  part  of  the  domin- 
ions of  his  Catholic  Majesty  the  King  of  Spain,  on  or  about  the 
fourteenth  day  of  November,  in  the  year  one  thousand  eight  hun- 
dred and  twenty-four ;  and  having  also  inquired  into  the  causes 
which  led  to  the  same  ;  and  having  maturely  deliberated  upon  the 
testimony  which  has  been  laid  before  the  Court,  reports  -to  the 
Honourable  the  Secretary,  the  following  statement,  as  containing  a 
correct  history  of  the  transaction,  embracing  all  the  material  facts, 
and  exhibiting  the  causes  which  led  to  the  occurrence,  as  well  as 
the  circumstances  which  attended  it. 

It  appears  that  Lieut.  Charles  T.  Platt,  commanding  the  United 
States  schooner  Beagle,  was  in  the  harbour  of  St.  Thomas,  in  the 
Danish  Island  of  that  name,  on  the  twenty-fourth  day  of  October, 
one  thousand  eight  hundred  and  twenty-four.  On  the  preceding 
night,  a  robbery  had  been  perpetrated  in  the  city  of  St.  Thomas  ; 
the  store  of  Messrs.  Cabot  &,  Baily,  American  citizens,  but  resident 
merchants  at  St.  Thomas,  had  been  broken  open  and  plundered  of 
property  to  a  large  amount.  The  gentlemen  who  had  suffered  by 
this  outrage,  made  application  to  Lieut.  Platt  for  his  aid  in  the  re- 
covery of  the  property.  He  immediately  agreed  to  comply  with 
the  request. 

No  communication  appears  to  have  been  bad  between  Lieuten- 
ant Platt  and  the  authorities  of  St.  Thomas,  in  relation  to  this  af- 
fair. The  application  for  his  assistance  was  made  by  private  indi- 
viduals, and  upon  that  application  alone  he  acted. 

Information  was  given  to  Lieut.  Platt,  that  on  other  occasions 
robberies  of  the  same  kind  had  occurred  at  St.  Thomas ;  and  the 
stolen  goods  had  been  traced  to,  and  discovered  at  Faxardo,  (a  small 
town  in  the  island  of  Porto  Rico,)  or  its  vicinity,  and  that  there  ex- 
isted grounds  for  the  suspicion  that  the  goods  plundered  in  this  case, 
had  been  carried  to  that  neighbourhood. 


27 

As  soon  as  the  Beagle  could  be  got  ready,  she  sailed  for  thai 
place.  No  document  of  any  kind  from  the  Governor,  or  other  of- 
ficer, was  carried,  hut  a  letter  from  a  private  mercantile  house  at 
Tit.  Thomas,  addressed  to  a  private  merchant  at  Faxanlo,  was  the 
only  paper  which  Lieut.  Flatt  appears  to  have  had  to  show  the  ob- 
ject he  had  in  view,  or  any  authority  to  ar.t  in  the  business.  The 
contents  of  that  letter  are  unknown  to  the  Court,  it  not  having  been 
exhibited  in  evidence.  The  Beagle,  however,  carried  from  St. 
Thomas  a  Mr.  Bedford,  a  Clerk  in  the  house  of  Me«sr*.  Baily  & 
Cabot,  for  the  purpose  of  identifying  the  goods,  and  a  pilot,  furnish- 
ed by  the  same  parties. 

On  the  evening  of  the  26th  October,  about  6  o'clock,  the  Beagle 
anchored,  with  her  colours  flying,  in  the  harbour  of  Faxardo.  It 
was  considered  too  late  to  visit  the  shore  on  that  day  ;  early  in  the 
morning  of  the  27th,  a  boat  from  the  shore  came  on  board,  bearing 
a  messenger  from  the  Captain  of  the  Port,  and  Lieut.  Platt  receiv- 
ed an  invitation  to  land.  The  messenger,  in  answer  lo  a  question 
from  Lieut.  Platt,  stated  in  general,  that  he  knew  what  vessel  it 
was.  In  order  to  guard  again-t  any  mistake,  Lieut.  Platt  mention- 
ed that  it  wa«  the  United  States'  schooner  Beagle,  and  sent  a  mes- 
sage to  the  Captain  of  the  Port,  to  inform  him  that  he  should  be  on 
shore  as  soon  as  possible. 

At  about  4  past  six  he  landed,  without  his  uniform  or  commission, 
and  after  some  little  interruption  proceeded  to  the  town,  and  wai- 
ted upon  the  Captain  of  the  Port,  to  whom  he  communicated  the 
object  of  his  visit.  He  at  the  same  time  informed  him  of  the  name 
and  character  of  his  vessel,  the  names  of  himself  and  ollicer*.  and 
their  force,  of  which  the  Captain  of  the  Port  took  a  memorandum; 
the  private  letters  from  the  mercantile  house  at  St.  Thomas  to  the 
merchant  at  Faxardo  was  likewise  produced  and  exhibited.  The 
Captain  of  the  Port  appeared  satisfied  with  the  information,  and  by 
his  directions  Lieutenant  Platt  next  called  upon  the  Alcalde  of  the 
place,  to  whom  he  made  the  same  communications.  The  Alcalde 
expressed  himself  pleased  with  the  prudence  exhibited  by  Lieut, 
Platt  in  landing  in  the  dress  of  a  citizen. 

The  object  of  Lieutenant  Platt  appears  to  have  been  to  give  in- 
formation of  the  robbery  that  had  been  perpetrated  at  the  island  of 
St.  Thomas,  and  to  solicit  the  inteiference  of  the  civil  authorities 
at  Faxardo.  in  searching  for  and  recovering  the  stolen  goods.  The 
Alcalde  promised  this  assistance  as  requested,  but  declined  a  pro- 
posal made  by  Lieutenant  Platt,  that  he  should  accompany  the  offi- 
cers of  the  police  to  search  the  stores  in  the  town. 

Lieutenant  Platt  left  the  house  of  the  Alcalde,  and  went  to  a  pub- 
lic house.  Shortly  after  breakfast,  he  received  a  message  from  the 
AlcaMe,  expressing  a  wish  to  see  him.  He  immediately  went,  ac- 
companied by  Lieutenant  Ritchie  and  the  Pilot.  On  his  arrival,  he 
enquired  of  the  Alcalde  whether  he  had  sent  for  him,  and  for  what 
object.  The  Captain  of  the  Port  replied  that  he  had  sent  for  him 
for  the  purpose  of  demanding  his  register.  Lieutenant  PJatt  stated 


28 

to  them  that  he  had  no  register,  that  a  man  of  war  carried  no  such 
document  ;  that  he  had  previously  offered  to  shew  his  commission, 
his  uniform,  and  his  colours.  The  reply  was  that,  unless  he  pro- 
duced his  register  at  once,  he  should  be  imprisoned.  He  requested 
permission  to  go  on  board  his  vessel,  with  an  officer  that  might  be 
selected  to  accompany  him,  whom  he  would  satisfy  with  regard  to 
his  own  character,  as  well  as  that  of  his  vessel.  He  at  the  same 
time  informed  them  he  should  make  a  formal  report  to  Commodore 
Porter  of  the  insult  he  had  received. 

Lieutenant  Platt  then  left  the  house  of  the  Alcalde,  and  proceed- 
ed towards  the  harbour,  with  the  intention  of  going  on  board  the 
Beagle  ;  he  was,  however,  immediately  followed  by  some  soldiers, 
collared,  arre«ted,  brought  back,  and  placed  under  charge  of  a  sen- 
try. After  Lieutenants  Platt  and  Ritchie  and  the  Pilot  had  been 
detained  about  an  hour,  Mr.  Bedford,  the  Clerk,  brought  from  St. 
Thomas,  was  permitted  to  go  on  board  the  Beagle,  with  instructions 
from  Lieutenant  Platt  to  bring  his  commission  and  uniform.  On 
their  being  brought  to  him,  he  put  on  his  uniform  and  exhibited  his 
commission  :  the  latter,  after  an  examination  of  it,  was  pronounced  a 
forgery,  and  he  himself  called  a  damned  pirate. 

Orders  were  then  given  to  carry  him  to  the  King's  house  or  jail  ; 
and  he  was  taken  from  the  house  of  the  Alcalde  for  that  purpose. 
On  approaching  near  enough  to  see  what  kind  of  a  place  it  was,  he 
refused  to  go  in,  and  declared  that  he  would  not  enter,  unless  com- 
pelled by  force. 

He  was  soon  taken  back  to  the  Alcalde,  and  after  being  threaten- 
ed with  detention  until  a  communication  could  be  made  to  St.  Johns, 
the  capital  of  the  island,  and  about  40  miles  distant,  he  was  inform- 
ed that  he  had  not  exhibited  any  appointment  to  the  vessel  which 
he  commanded.  He  sent  on  board  for  his  orders,  and  after  produc- 
ing them,  a  consultation  was  held.  They  continued  to  detain  him 
confined  until  near  sun  set,  when  he  was  released,  ordered  to  go  on 
board  hi?  vessel,  which  he  did,  insulted  by  the  rabble  of  the  place 
as  he  passed  along. 

Such  is  the  summary  of  the  statement  now  given  by  Lieutenant 
Platt  of  his  first  visit  to  Faxardo,  and  the  reception  he  experienced, 
although  more  detailed  than  his  written  report,  and  in  some  material 
parts  variant  from  it.  It  appears  to  the  Court  that  the  circumstan- 
ces which  were  related  to  Captain  Porter,  in  the  conversations 
which  he  had  with  Lieutenant  Platt,  together  with  his  written  report, 
may  be  considered  as  embracing  all  "  the  causes  which  led  to  the 
conduct  of  Captain  Porter,"  which  it  is  enjoined  upon  the  Court 
to  report  to  the  Department. 

The  next  branch  of  the  subject  into  which  the  Court  is  directed 
to  inquire,  is  the  conduct  of  Captain  Porter  in  landing  with  a  milita- 
ry force  under  his  command  upon  the  island  of  Porto  Rico. 

It  appears  that,  immediately  after  receiving  the  report  of  Lieu- 
tenant Platt  of  his  visit  to  Faxardo.  and  the  treatment  he  had  there 
received,  Captain  Porter  determined  to  visit  that  place  for  the  pur- 


29 

pose  of  obtaining  redress  for  the  violence  which  had  been  offered 
to  the  person  of  that  officer,  nnd  the  insult  which  he  conceived  had 
been  given  to  the  flag;  of  the  United  States. 

It  appear-  that  captain  Porter  did  not  communicate  with  the  con- 
stituted authorities  of  Porto  Hico,  or  require  any  explanation  of,  or 
ap<>l(>Lry  fur,  the  alleged  outrage,  before  proceeding  to  the  harbour 
of Faxardo. 

At  midnight  of  the  13th  November,  the  John  Adams  was  left  at  her 
anchorage  m  the  neighbourhood  of  1',.-  !.  and  Captain  Por- 

te.r.  in  the  <  i  rampus  ha\  in-j;  in  tow  the  boats  of  the  John  Adams,  and 
accompanied  by  the  Pinagle,  carrying  with  them  about  one  hundred 
men  from  the  John  Adams,  proceeds  to  Faxardo.  His  progress  be- 
ing delayed  by  light  winds  and  a  cairn,  he  did  not  roach  his  point  of 
destination  until  about  8  or  9  o'clock  in  the  morning  of  the  1 4th. 
The  (i  rampus  anchored  opposite  a  battery  of  two  g'ins,  and  the 
Dearie  to  »k  a  position  tocover  the  landing.  Preparations  were  im- 
mediately made  to  land,  and  the  boats  were  manned,  a  battery  u  t- 
perceived  on  an  eminence  near  the  beach,  in  which  were  two 
pieces  of  cannon,  and  the  Spaniards  were  seen  with  matches,  and  in 
the  act  of  loading  the  guns,  and  training  them  in  the  direction  of  the 
Grampu«. 

Lieutenant  Pendergrast  was  ordered  to  take  the  launch  of  the 
(irampus,  being  the  largest  boat,  with  a  body  of  marines,  fourteen 
in  number,  under  the  command  of  Lieutenant  Barton,  to  pr 
in  the  direction  of  the  two  gun  battery  ;  to  land  the  men  with  ;>s  lit- 
tle ha/ard  as  po—ilde  ;  to  take  the  battery,  spike  the  guns,  and  (Ju- 
st roy  the  ammunition  :  and  having  accomplished  these  objects,  to 
pursue  the  diiection  of  the  main  body  under  the  command  of  Cap- 
tain Porter  in  person. 

Lieutenant  Pendergrast  was  particularly  ordered  not  to  fire  a  gun, 
unless  he  met  \vith  resistance,  and  not  to  permit  his  men  to  commit 
anv  depredations  on  persons  or  property.  These  orders  appear 
to  hive  I.een  punctually  obeyed. — Perceiving  that  the  Spaniaid-  m 
the  battery  wen-  training  their  guns  to  bear  upon  the  (irampu 
the  launch.  Lieutenant  Pendergrast  hastened  to  effect  a  landing  in 
the  rear  of  the  fort.  This  was  accomplished  with  Mirh  de*p;itcb. 
that  the  Spaniards  were  unable  to  fire.  Having  succeeded  in  land- 
ing in  the  rear  of  the  battery,  the  detachment  armed  tvith  mn-- 
pi«tol<  and  milage*,  mounted  the  hill,  and  on  reachin"  the 
battery,  found  it  deserted  by  the  Spaniard?.  Possession  was  quiet- 
ly taken,  and  two  long  eighteen  pounders  found  there  were  spik- 
ed— one  of  the  guns  was  charged  with  a  cartridge  of  powder,  and 
round  shot,  and  the  canister  filled  with  grape  shot,  musket  hall"  and 
spike*  ; — the  gun  primed  and  a  lighted  match  near  it.  The  other 
gun  had  been  abandoned  before  the  loading  was  completed.  A  small 

quantity  of  ammunition  found   in  the   battery  was  destroyed  ; the 

party   re-embarked,  and  proceeded   to  join  the  Commodore,  who 
had  in  the  mean  time  landed  oo  the  beach  at  the  distance  of 
half  a  mile  from  the  battery 


30 

The  whole  number  landed,  appears  to  be  about  two  hundred  offi- 
cers and  men,  armed  with  muskets,  bayonets,  pistols,  cutlasses, 
and  boarding  pikes. 

The  muskets  were  loaded  after  landing  on  the  beach.  The  ma- 
rines, under  Lieutenant  Barton,  were  left  to  guard  the  boats.  Ano- 
ther party  of  them  was  ordered  by  Captain  Porter  to  march  towards 
the  town,  and  take  up  a  commanding  position.  The  officer  who  led 
them,  Lieut.  Crabbe,  was  particularly  instructed  to  keep  his  men 
in  their  respective  places  ;  to  prevent  them  from  committing  any 
excesses  upon  the  property  of  the  inhabitants  along  the  road,  and 
to  abstain  from  all  act?  of  hostility,  unless  he  should  be  attacked,  or 
his  advance  towards  the  town  should  be  opposed. 

In  obedience  to  these  orders,  Lieut.  Crabbe  proceeded  towards  the 
village  of  Faxardo,  with  from  twenty-four  to  twenty-eight  men  un- 
der his  command.  The  beach  where  the  landing  was  effected,  was 
about  a  mile  and  a  half  from  the  town.  When  about  half  way 
from  the  beach,  Lieut.  Crabbe  discovered  Lieut.  Stribling  follow- 
ing him  bearing  a  white  flag.  As  soon  as  he  had  approached  near 
enough  to  be  recognised,  the  marines  were  halted.  Lieut.  Strib- 
ling came  up  with,  passed  them,  and  proceeded  towards  the  town. 
The  marines  followed  at  a  short  distance  in  his  rear.  Lieut  Strib- 
ling was  soon  after  met  by  a  party  <rom  the  village,  likewise  bear- 
ing a  flag,  and  some  communications  passed  between  them,  which 
however  are  not  in  evidence  before  the  Court.  Lieutenant  Strib- 
ling deispatched  a  message  to  Lieutenant  Crabbe,  then  about  thirty 
or  forty  yards  in  his  rear,  desiring  him  not  to  advance  further. 
The  marines  were  then  halted  at  about  from  two  hundred  and  tiftv  to 
three  hundred  yards  from  the  village.  About  the  same  time  a 
number  of  armed  men,  perhaps  sixty  or  seventy,  were  seen,  sta- 
tioned near  the  entrance  of  the  town,  with  a  small  cannon,  suppo- 
sed to  be  a  six  pounder,  and  a  number  of  horsemen  armed  with 
swords. 

Having  disposed  of  the  marines  in  the  manner  that  has  been  sta- 
ted, Captain  Porter  advanced  towards  Faxardo  with  his  main  body. 
On  the  way  up,  they  spiked  two  nine  pounders  which  the  Spaniards 
had  abandoned,  and  which  were  in  a  position  to  have  commanded 
a  part  of  the  road.  These  guns  had  been  passed  by  the  marines: 
without  their  taking  possession  of  them.  Captain 'Porter  continued 
his  march  till  he  arrived  about  thirty  yards  in  the  rear  of  the  ma- 
rines, where  he  halted  his  men — and  advanced  himself  to  the  force 
under  the  command  of  Lieutenant  Crabbe.  The  marines  were 
then  wheeled  so  as  to  front  the  Spaniards. 

In  the  course  of  a  few  minutes,  the  flag  was  seen  returning  from 
the  town,  and  Lieutenant  Stribling,  accompanied  by  the  Alcalde, 
the  Captain  of  the  Port,  and  some  of  the  inhabitants,  approached. 
The  marines  were  directed  to  occupy  both  sides  of  the  road,  and 
to  permit  none  to  pass,  excepting  those  who  were  in  attendance  on 
the  fl;ig.  Captain  Porter  retired  to  the  rear,  near  the  main  body, 
and  accompanied  by  his  officers,  received  the  Alcalde. 


31 

In  the  conversation  which  then  took  place,  the  Alcalde  admitted 
having  detained  Lieutenant  Platt,  after  knowing  him  to  be  an  Ameri- 
can officer,  but  alleged  that  he  had  been  forced  to  act  by  others. 
Captain  Porter  informed  him  that  he  alone  must  be  held  responsi- 
ble, and  that  he  mu-t  make  such  an  apology  as  should  be  dictated  ; 
that  the  period  allowed  him  for  deliberation  had  nearly  expired  ; 
that  but  five  or  seven  minutes  remained  of  the  time.  Thtt  a  refu- 
sal to  make  such  an  apology  as  was  required,  would  compel  him  to 
resort  to  arms — the  consequences  of  which  would  be  the  destruction 
of  the  village.  The  proposition  was  acceded  to  :  the  apology 
was  dictated  by  Captain  Porter,  and  made  as  required.  The  officers 
present  were  asked  whether  they  were  satistied,  and  replied  in  the 
affirmative. 

The  Alcalde  then  invited  Captain  Porter  into  the  town  with  some 
of  his  officers,  and  Lieut  Crabbe  and  his  marine? — he  accompanied 
the  Spaniards  towards  the  village,  but  did  not  go  beyond  the  out- 
skirts—when they  returned  to  the  beach,  where  they  were  supplied 
with  refreshments  by  (he  Spaniards,  re-embarked,  and  proceeded 
to  join  the  John  Adams. 

The  foregoing  statement  embracing,  as  the  Court  conceives, 
every  important  fact  disclosed  in  the  progress  of  this  investigation, 
is  respectfully  submitted. 

Signed,  I.  CHAUNCEY,  President. 

Signed,     RICHARD  S.  COXE,  Judge  Advocate. 
May  9,  1825. 

The  report  having  been  signed,  the  Judge  Advocate  was  instruct- 
ed to  communicate  the  record  to  the  Secretary  of  the  Navy,  with 
the  accompanying  letter,  annexed  to  the  record  and  marked  (H.) 

The  Court  adjourned  till  1 1  o'clock,  to-morrow  morning. 


(Copy.) 

U.  S.  SHIP  JOHN  ADAMS, 

PASSAGE  ISLAND,  November  15,  1824. 

SIR  :  I  have  the  honour  to  inform  you  that,  on  my  arrival  at  Si 
Thomas,  I  was  informed  that  Lieutenant  Comm'dt  Plait,  of  the  U. 
S.  Schooner  Beagle,  who  had  visited  Faxardo,  a  town  on  the  East 
side  of  Porto  Rico,  about  two  miles  from  the  sea,  for  the  purpose 
of  making  inquiries  respecting  a  quantity  of  dry  goods,  supposed  to 
have  been  deposited  there  by  pirates,  was,  after  being  recognized 
as  an  American  officer  by  the  proper  authorities,  there  imprisoned 
and  shamefully  treated. 

Indignant  at  the  outrages  which  have  so  repeatedly  been  heaped  on 
us  by  the  authorities  of  Porto  Rico,  I  proceeded  to  this  place,  where  I 
left  the  ship,  and  taking  with  me  the  Schooner  Grampus  and  Beagle, 
and  the  boats  of  the  John  Adams  with  Captain  Dallas  and  part  of 
his  officers,  seamen,  and  marines,  proceeded  to  the  Port  of  Faxar- 
do, where,  finding  preparations  were  making  to  fire  on  us  from  the 


32 

battery  on  shore,  1  sent  a  party  of  seamen  and  marines  to  spike 
the  guns,  which  was  done  in  a  few  minutes,  as  the  Spaniards  fled  on 
the  landing  ot  the  party.  1  then  landed  with  two  hundred  men,  and 
inarched  to  the  town,  spiking  on  the  way  the  guns  of  a  small  bat- 
tery placed  for  the  defence  of  a  pass  on  the  road,  and  reached  the 
town  in  about  thirty  minutes  after  landing  ;  I  found  them  prepared 
for  defence,  as  they  had  received  information  from  St.  Thomas  of 
my  intentions  of  visiting  the  place.  I  halted  about  pistol  shot  from 
their  forces,  drawn  upon  the  out  skirts  of  the  town,  and  sent  a  flag, 
requiring  the  .Alcalde  or  Governor,  with  the  Captain  of  the  Port, 
the  principal  offenders,  to  come  to  me  to  make  atonement  for  the 
outrages  giving  them  one  hour  to  deliberate.  They  appeared  ac- 
cordingly, and  after  begging  pardon  (in  the  presence  of  all  the  offi- 
cers) of  the  officer  who  had  been  insulted,  and  expressing  great  pen- 
itence, I  permitted  them  to  return  to  the  town,  on  their  promising 
to  respect  all  American  officers  who  may  visit  them  hereafter.  We 
then  returned  to  the  vessels,  and  left  the  harbour,  after  being  at  an- 
chor three  hours. 

As  we  were  getting  under  weigh,  a  number  of  persons  appeared 
on  the  beach,  bearing  a  white  flag,  and  having  with  them  some  but- 
tocks and  a  number  of  horses  apparently  laden,  no  doubt  a  present 
from  the  authorities  of  the  place,  which  they  informed  me  they 
should  send  me. 

There  is  no  doubt  that  our  persons  and  our  flag  will  be  more  re- 
spected hereafter,  than  it  has  been  by  the  authorities  of  Porto  Rico. 

Every  officer  and  man  on  this  occasion,  conducted  themselves  in 
a  manner  to  meet  my  entire  approbation. 

I  have  the  honour  to  be,  very  respectfully,  your  most  ob't  serv't, 

Signed,  D.  PORTER. 

The  lion.  SAML.  L.  SOUTHARD,  Sec'y  of  the  Navy,  Washington. 

NAVY  DEPARTMENT,  2nd  May,  1825. 

I  certify  that  the  foregoing  is  a  correct  copy  from  the  original  on 
tile  in  this  Department. 

Signed,  CHA'S  HAY,  Chief  Clerk. 


(Copy.) 
U.  S.  SHIP  JOHN  ADAMS, 

THOMPSON'S  ISLAND,  January  1st,  1825. 

SIR  :  I  have  the  honour  to  transmit  you  copies  of  the  statements 
made  to  me,  which  induced  me  to  take  the  step  I  did,  as  regards  the 
Spanish  authorities  at  Faxardo. 

I  have  the  honour  to  be,  very  respectfully,  your  ob't.  serv't. 

Signed,  D.  PORTER. 

Hon.  SAHCEL  L.  SOUTHARD,  Secretary  of  the  Navy. 

NAVY  DEPARTMENT,  2nd  May,  1825. 

I  certify  that  the  above  is  a  correct  copy  from  the  original  on  file 
in  this  Department. 

Signed,  CHA'S  HAY:  Chief  CYer*. 


33 

(Copy.)     No.  3. 

ST.  THOMAS,  12/A  A'orember,  1824. 

Sir. :  I  have  the  honour  to  inform  you  that  the  store  of  Cabot, 
Bail)-  &  Co.  was  broken  open  on  the  night  of  the  IMth  ult.  and  pro- 
perty to  a  considerable  amount  stolen,  and  having  strong  reasons  to 
believe  that  the  robbery  was  committed  by  a  gang  of  thieves  who 
harboured  in  the  island  of  Porto  Rico,  I  communicated  the  same  to 
Captain  Platt,  of  the  U.  S.  schooner  Beagle,  who  very  promptly 
offered  to  go  there  in  pursuit  of  them,  and  started  for  Faxardo  on  tin? 
morning  of  the  25th  with  a  Pilot  which  1  furnished  him.  and  a  young 
man  from  the  Counting  House,  with  a  description  of  the  goods,  and 
a  letter  of  introduction  to  Mr.  Juan  Campos,  from  one  of  the  most 
respectable  houses  in  this  place,  and  well  known  in  that  quarter. 
The  manner  in  which  Captain  Platt  was  received  and  treated  ha? 
no  doubt  been  communicated  to  you  by  him. 

I  beg  leave  to  enclose  a  letter  from  Messrs.  Bergeest  and  Whlhorn, 
confirming  the  facts  of  the  late  robberies  in  this  Island,  having  in 
most  instances  been  traced  to  the  quarter  of  Porto  Rico,  where 
Captain  Platt  went. 

I  have  the  honour  to  be,  sir,  with  great  respect,  your  most 
obedient  servant. 

Signed,  STEPHEN'  CABOT,  U.  S.  Consular  Agtnl. 

To  Com.  DAVID  PORTER. 

NAVT  DEPARTMENT,  2nd  May,  182J. 

I  certify  that  the  foregoing  is  a  correct  copy  of  an  enclosure  con- 
tained in  a  letter  from  Commodore  D.  Porter  to  the  Secretary  of 
the  Navv,  dated  1st  January,  1825. 

Signed,  CIIAS.   HAY,  Chief  Clerk. 


(Copy.)     No.  4. 

1 1  ni  NOVEMBER,  1824. 

SIR  :  At  the  request  of  our  friend,  Mr.  Stephen  Cabot,  we  beg 
leave  to  state  to  you  some  facts  relative  to  the  robberies  lately  com- 
mitted in  this  Island. 

Our  own  store,  and  amongst  others,  those  of  our  neighbours, 
Messrs.  Ellis,  Gibson  &:  Co.  John  Kettle,  Esq.  Robert  Alexander, 
Esq.  Saubot  Zoubert  &  Co.  were  foicibly  broken  open,  pro- 
perty to  a  very  large  amount  stolen,  and  a  considerable  part  of  the 
goods  traced  to  Naguabo,near  Faxardo  ;  in  consequence  of  which, 
and  the  circumstance  that,  about  ten  days  previous  to  the  robbery 
committed  in  the  store  of  Messrs.  Cabot,  Baily  &.  Co.  a  gang  oi 
desperate  thieves  made  their  escape  from  the  prison  of  the  city  at 
Porto  Rico,  as  also  that  every  search  had  been  made  here  on  shore, 
as  well  as  in  the  harbour,  and  nothing  discovered,  except  that  the 
goods  stolen  had  been  carried  off  by  the  sea  side,  induced  us  to 
recommend  to  those  gentlemen  sending  down  a  person  to  Faxardo, 
as  being  probable  the  means  of  tracing  the  robbers. 

Desirous  of  assisting  our  friends.  Me"!--.  Cabot.  Bailv  &  Co.  in 


34 

this  object,  we  gave  one  of  their  Clerks,  and  whom  we  understood 
was  to  go  down  in  the  U.  S.  schooner  Beagle,  a  letter  of  recom- 
mendation to  our  friend,  Mr.  Juan  Campos,  in  Faxardo,  who  had 
on  former  occasions  of  the  same  nature,  been  the  means  of  dis- 
covering the  property  and  perpetrators  ;  namely,  in  the  case  ot 
Messrs  Ellis,  Gibson  &  Co.  and  our  own. 

We  have  the  honour  to  be,  with  sentiments  of  the  highest  re- 
gard, sir,  your  obedient  humble  servant. 

Signed,  BERGEEST  &  WHLHORN. 

ST.  THOMAS,  ll/AAor.  1824. 
To  Commodore  DAVID  PORTER. 

NAVY   DEPARTMENT,  2rf  May,  1825. 

I  certify  that  the  foregoing  is  a  correct  copy  of  an  enclosure  con- 
tained in  a  letter  irom  Com.  D.  Porter  to  the  Secretary  of  the  Na- 
vy, dated  1st  January,  1825. 

Signed,  CHAS.  HAY,  Chief  Cleric. 


(Copy.}     No.  5. 
UNITED  STATES'  SCHOOJVER  BEAGLE, 

ST.  THOMAS,  11/A  Norcmber,  1824. 

SIR  :  At  10  in-the  morning  of  the  26th  October  last,  I  received 
intelligence  that  the  American  Consul's  store  had  been  forcibly  en- 
tered on  the  preceding  night,  and  robbed  of  goods  to  the  amount  of 
$5,000  dollars.  With  this  report,  the  American  consul  requested 
me,  provided  it  would  prove  consistent  with  my  duties,  to  sail  in 
quest  of  those  whom  it  was  supposed  had  clandestinely  left  the  har- 
bour the  night  preceding  in  a  small  boat,  and  generally  believed  by 
those  acquainted  in  St.  Thomas,  to  have  proceeded  to  the  port  ol 
Faxardo,  on  the  east  end  of  Porto  Rico.  I  directly  gave  the  neces- 
sary orders  to  prepare  for  sea;  having  received  a  good  pilot  on  board. 
1  was  enabled  by  noon  to  proceed  in  quest  of  the  marauders. 

Standing  along  the  south  side  of  Crabb  Island,  I  discovered  a  sloop 
in  Settlement  Bay  ;  boarded  her,  and  received  information  of  a  pi- 
ratical sloop-rigged  boat  to  leeward,  that  had  been  for  sometime  past 
infesting  the  coast.  This  information  induced  me  to  alter  my  course, 
and  steer  for  the  west  end  of  Crabb  Island.  At  10,  A.  M.  discover- 
ed a  sloop  beating  to  windward,  and  the  small  sloop  rigged  boat 
standing  from  the  land  ;  at  10.50,  fired  a  shot  to  bring  the  sloop  to  ; 
nt  10.55  fired  again  ;  she  hove  about  and  stood  for  the  land  ;  spoke 
the  sloop  from  St.  Croix,  bound  to  St.  Thomas  ;  made  all  sail  for 
tbe  sloop  boat  which  run  into Bay,  and  her  crew  aban- 
doned her.  At  1 1.50  came  to,  and  took  possession  of  the  deserted 
boat ;  at  1 1.55  made  sail,  and  stood  for  the  south-east  end  of  Porto 
Rico  ;  at  sunset,  came  to  in  the  harbour  of  Port  Faxardo. 

On  the.  morning  of  the  27th,  a  Creole  visited  me  from  the  shore, 
who  bore  an  invitation  from  the  commandant  to  me  to  visit  him. — 
At  7,  \.  M.  in  company  with  Lieutenant  Ritchie,  the  Pilot,  and  the 
Consul's  clerk,  I  landed.  For  our  better  success,  we  appeared  in 


the  characters  of  citi/ens  ;  on  my  reaching  the  shore,  the 
of  my  vessel   was   demanded ;   1    explained  the  object  of  mv  xi-it, 
and  the  policy  of  appearing  in   i!.  Tins,  however,  proved 

of  no  avail — I  \v  is  not  ;illowod  to  proofed  n>  Faxai.lo  Suppo-ini; 
that  the  person  who  made  the-e  demands  hail  no  authority  to  detain 
me,  1,  in  company  with  Lieutenant  Kitclue.  proceeded  to  the  port 
ol  i'axardo,  and  explained,  in  the  most  -ati-factory  manner,  to  the 
Captain  of  the  Port,  the  object  of  my  visit,  and  produced  a  private 
letter  from  i\lr.  Cabot,  American  Consul,  to  a  merchant  in  that  place, 
in  relation  to  the  service  in  which  we  were  engaged. 

Having  observed  the  necessary  forms  and  ceremonies  with  regard 
to  the  Captain  of  the  I'ori,  vve  then  waited  upon  the  Alcalde,  ami 
further  acquainted  him  with  our  mission,  i:c.  who  proffered  us  eve- 
•-istaii«  e.  Having  made  a  few  enijuirie-.  in  smiie  of  the  retail 
<tor. •-,  which  had  an  immediate  tendency  to  bring  to  light  any  who 
in  iv  have  bee:.  ::  tin-  trailic,  \\t:  received  a  positive  order 

to  proceed  to  the  Alcalde's  Louse,  where  we  were  also  received  hv 
the  Captain  of  the  I'orl,  who  damned  us  a*  pirates,  and  requested  of 
me  register,  papi  r-,  itc.  I  stated  I  possessed  no  register;  1  car- 
ried no  papers,  other  than  my  commission,  and  that  of  im  oilkera  ; 
we  v.  '1  a-  culprit-,  ami  conveyed  to  prison.  To  sati-fy 

them  of  my  real  character,  of  which  they  pretended  they  had  no 
positive  proof,  1  consented,  though  repugnant  to  my  feelings,  to  have 
my  commission  sent  in.  .  All'  r  its  production,  ttu-y  dt-dared  it  a 
forgery,  and  again  remanded  us  to  prison,  declaring  he  would  not 
release  us  until  he  had  heard  from  St.  Johns.  1  then  demanded  t'» 
know  what  was  further  reipiired  ;  the  reply  was,  "  \  o  ir  appoint* 
ment  as  Lieutenant-commandant  of  that  mK(  1  i-  what  \«>u  must  pro- 
duce/' 

I  at  tin-t  hesitated,  and  would  not  comply  ;  hut  not  wishing  on  my 
part  to  commit  any  action  which  might  have  a  tendency  to  disturb  the 
harmony  exi>tmu  between  our  respective  governments,  I  produced  my 
appointment  a-  Lieutenant-commandant.  A  council  of  olliccr-  was 
called,  with  other  citi/.en-.  of  the  place,  who  alter  having  heaped 
upon  us  ihe  mo>t  shaiuelul  outrages,  permitted  us  to  depart  ou 
board. 

1  have  the  honour  to  he,  very  respectfully,  your  obedient  serv't, 
Signed,  CHAKLL.S  '1  .   1'LATT. 

To  Couimodoie  DAVID  PORTER,  U.  S.  Nary. 

NAVY  DKPARTMR\T,  2d  May,  1R25. 

I  certify  that  the  foregoing  .  t  copy  of  an  enclosure  con- 

tained in  a  letter  from  Commodore  I).  1'orver,  to  the  Secretary  of 
the  Navv.  dated  1st  January,  1825. 

ned,  CHAS.   \\.\\\ChitfCltrk. 


(Copy.)  No.  6. 

NA\  y  DEPARTMENT,  February  1st,  1823. 

SIR:  You  have  been  appointed  to  the  command  of  a  squadron 
fitted  out  under  an  act  of  Congress  of  the  20tlj   IWombor  la-=t,  to 


cruise  in  the  West  India  seas  and  Gulf  of  Mexico,  tor  the  purpose 
of  suppressing  piracy,  and  affording  effectual  protection  to  the  citi- 
zens and  commerce  of  the  United  States.  Your  attention  will  also 
be  extended  to  the  suppression  of  the  slave  trade,  according  to  the 
provisions  of  the  several  acts  of  Congress  on  that  subject ;  copies 
of  which,  and  of  the  instructions  heretofore  given  to  our  Naval  com- 
manders thereon,  are  herewith  sent  to  you.  While  it  is  your  duty 
to  protect  our  commerce  against. all  unlawful  interruption,  and  to 
guard  the  rights,  both  of  person  and  property  of  the  citizens  of  the 
United  States,  wherever  it  shall  become  necessary,  you  will  observe 
the  utmost  caution  not  to  encroach  upon  the  rights  of  others  ;  and 
should  you  at  any  time  be  brought  into  discussion,  or  collision  with 
any  foreign  power,  in  relation  to  such  rights,  it  will  be  expedient 
and  proper,  that  the  same  should  be  conducted  with  as  much  mod- 
eration and  forbearance,  as  is  consistent  with  the  honour  of  your 
country,  and  the  just  claims  of  its  citizens. 

Should  you  in  your  cruise,  fall  in  with  any  foreign  naval  force, 
engaged  in  the  suppression  of  piracy,  it  is  desirable  that  harmony, 
and  a  good  understanding,  should  be  cultivated  between  you  ;  and 
you  will  do  every  thing  on  your  part,  that  accords  with  the  honour 
of  the  American  flag,  to  promote  this  object.  So  soon  as  the  ves- 
sels at  Norfolk  shall  be  ready  for  sea,  you  will  proceed  to  the  West 
Indies,  by  such  route  as  you  shall  judge  best,  for  the  purpose  of  ef- 
fecting the  object  of  your  cruise.  You  will  establish  at  Thompson's 
Island,  usually  called  Key  West,  a  depot,  and  land  the  ordnance- 
and  marines  to  protect  the  s'ores  and  provisions  ;  if,  however,  you 
shidl  find  any  important  objection  to  this  place,  and  a  more  suitable 
Nand  convenient  one  can  be  found,  you  are  at  liberty  to  select  it  as  a 
depot. 

You  will  announce  your  arrival  and  object  to  the  authorities, 
civil  and  military,  of  the  Island  of  Cuba,  and  endeavour  to  obtain, 
as  far  as  shall  be  practicables  their  co-operation  ;  or  at  least  their 
favourable  and  friendly  support,  giving  them  the  most  unequivocal 
assurance, -that  your  sole  object  is  the  destruction  of  pirates. 

The  system  of  piracy,  which  has  grown  up  in  the  West  Indies, 
has  obviously  arisen  from  the  war  between  Spain  and  the  New 
Governments,  her  late  provinces  in  that  hemisphere,  and  from  the 
limited  force  in  the  islands,  and  their  sparse  population,  many  por- 
tions of  each,  being  entirely  uninhabited  and  desolate,  to  which  the 
active  authority  of  the  government  does  not  extend.  It  is  under- 
stood that  establishments  have  been  made  by  parties  of  these  ban- 
ditti, in  those  uninhabited  parts,  to  which  they  carry  their  plunder, 
and  retreat  in  time  of  danger.  It  cannot  be  presumed  that  the 
government  of  any  island  will  afford  any  protection  or  countenance 
to  such  robbers.  It  may,  on  the  contrary,  confidently  be  believed, 
that  all  governments,  and  particularly  those  most  exposed,  will  af- 
ford all  means  in  their  power  for  their  suppression. 

Pirates  are  considered  by  the  law  of  nations  the  enemies  of  the 
human  race.  It  is  the  duty  of  all  nations  to  put  them  down  ;  ;ind 


37 

none  who  respect  their  own  character  or  interest  will  refuse  to  du 
it,  much  less  afford  them  a*M»tance  and  protection.  The  nation 
that  makes  the  greatest  exertions  to  suppress  such  banditti,  has  the 
greatest  merit. 

ID  making  such  exertions,  it  has  a  right  to  the  aid  of  every  other 
power,  to  the  extent  of  its  means,  nnd  to  the  enjoyment,  under  its 
sanction,  of  all  its  rights  in  the  pursuit  of  the  object.     In  the  case  ol 
belligerents,  where  the  army  of  one  party  enters  the  territory  of  a 
neutral  power,  the  army  of  the  other  has  a  ri^ht  to  follow  it  there. 
In  the  case  of  pirates,  the  right  of  the  armed  force   of  one  power. 
to  follow  them  into  the  territory  of  the  other,  is  more  complete. 
In  regard  to  pirates,  there  is  no  neutral  party,  they  being  the  ene- 
mies of  the  human  race,  all  nation"  are  parties  against  them,   and 
may  be  considered  as  allies.    The  object  and  intention  of  ourgovern- 
ment  is  to  respect  'the  feelings,  as  well  as  the  rights  of  others,  both 
in  substance  and  in  form,  in  all  the  measures  which  may  be  adopted, 
to  accomplish  the  end  in  view.     Should,  therefore,  the  crt- 
any  vessels  u  liich  you  have  seen  engaged  in  acts  of  piracy,  or  which 
you  have  just  cause  to  snspect  of  being  of  that  character,  retreat  into 
the  ports,  harbours,  or  settled  parts  of  the  islands,  you  may  enter  in 
pursuit  of  them,  such  ports,  harbours  and  settled  parts  of  the  coun- 
try, for  the  purpose  of  aiding  the  local  authorities,  or  people,  as  the. 
case  may  be,  to  sei/e  and  bring  the  offenders  to  justice,  previously 
giving   notice  that  this  is  your  sole  object.      Whore  the  Govern- 
ment exists,  and  is  f«-lt,  you   will  in  all  instances  respect  the  local 
authorities,  and  only  act  in  aid  of,  and  co-operation  with  them  ;  it 
bring  the  exclusive  purpose  of  the  government  of  the  United  States 
to  suppress  piracy;  an  object  in  which  all  nations  are  equally  inter- 
ested ;  and  in  the  accomplishment  of  whir h,  the  Spanish  authori- 
ties, and  people  will,  it  is  presumed,  cordially  co-operate  with  you. 
If,  in  the  pursuit  of  pirates  found  at  sea,  they  shall  retreat  into 
the  unsettled  parts  of  the  islands,  or  foreign  territory,  you  are  at 
liberty  to  pursue  them  sc  long,  only,  as  there  is  reasonable  prospect 
of  being  able  to  apprehend  them,  and  in  no  case,  are  you  at  liberty 
to  pursue  and  apprehend  any  one  after  having  been  forbidden  so  to 
do,  by  competent  authority  of  the  local  government.     And  should 
you  onsucli  pursuit  apprehend  any  pirates  upon  land,  you  will  de- 
liver them  over  to  the  proper  authority,  to  be  dealt  with  according 
to  law,  and  you  will  furnish  such  evidence  as  shall  be  in  your  pow- 
er to  prove  the  offence  alleged  against  them.     Should  the  local  au- 
thorities refuse  to  receive  and  prosecute  such  persons  so  appre- 
hended, on  your  furnishing  them  with  reasonable  evidence  of  theii 
guilt,   you    will  then  keep  them   safely   and   securely,  on    board 
some  of  the  vessels  under  your  command,  and  report  without  de- 
Jay  to  this  Department,  the  particular  circumstances  of  such  cases. 
Great  complaints  are  made  of  the  interruption  and   injury   to  our 
commerce  by  privateers  fitted  out  from  Spanish  ports.    You  will  en- 
deavour to  obtain  from  the  Spanish  authorities  a  li-t  of  the  vessels 
:o  commissioned,  aad  ascertain  how  far  they  have  been  instructed 


38 

to  intercept  our  trade  with  Mexico,  and  the  Colombian  Republic  ; 
impressing  upon  them,  that,  according  to  the  well  settled  rule  of  the 
law  of  nations,  the  United  States  will  not  consider  any  portion  of 
coast  upon  the  Gulf  of  Mexico,  as  legally  blockaded,  except 
where  a  naval  force  is  stationed,  sufficient  to  carry  into  effect  the 
blockading  order  or  decree  ;  and  that  this  government  does  not  re- 
cognize the  right  or  authority  of  Spain  to  interdict  or  interrupt  our 
commerce  with  any  portion  of  the  coast  included  within  the  Co- 
lombian Republic  or  Mexican  Government,  not  actually  blockaded 
by  a  competent  force. 

All  the  United  States  ships  and  vessels  of  war  in  the  West  In- 
dies, of  which  a  list  is  herewith  enclosed,  are  placed  under  your 
command,  and  you  will  distribute  them  to  such  stations  as  shall  ap- 
pear to  you  best  calculated  to  afford  complete  protection  to  our 
commerce,  in  which  you  will  embrace  the  object  of  protecting  the 
convoy  of  specie  from  Vera  Cruz,  and  the  Mexican  coast  gene- 
rally, to  the  United  States.  Keep  one  vessel  at  least  upon  this  ser- 
vice, to  be  at,  or  near,  Vera  Cruz,  during  the  healthy  season  of  the 
year,  and  to  be  relieved  as  occasion  shall  require,  both  for  convoy 
of  trade,  and  to  bring  specie  to  the  United  States — confining  the 
transportation  to  the  United  States  only.  You  will  be  particularly 
watchful  to  preserve  the  health  of  the  officers  and  crew  under  your 
command,  and  to  guard,  in  every  possible  manner,  against  the  un- 
heallhiness  of  the  climate  ;  not  permitting  any  intercourse  with  the 
shore  where  the  yellow  fever  prevails,  except  ijn  cases  of  absolute 
necessity. 

Wishing  you  good  health,  and  a  successful  cruise,  I  am,  very  re- 
spectfully, &c.  Signed,  SMITH  THOMPSON. 
eomm'e  DAVID  PORTER,  Comm'g  U.  S.  J\"aral  Forces,  West  Indies. 

NAVT  DEPARTMENT,  2d  May,  1825. 

I  certify  that  the  foregoing  is  a  correct  transcript  from  the  re- 
cords of  this  Department. 

Signed,  CHAS.  HAY,  Chief  Clerk. 


(Copy.)     No.  7. 
MARINE  BARRACKS,  ALLEATOW,  THOMPSON'S  ISLAND, 

February  6lh,  1825. 

I,  Thomas  B.  Barton,  first  Lieutenant  of  Marines  in  the  service 
of  the  United  States,  aud  commanding  the  Marines  on  this  station, 
do  make  the  following  statement  of  facts,  in  relation  to  the  proceed- 
ings of  Commodore  David  Porter,  commander  in  chief  of  the  Na- 
val Forces  of  the  United  States,  in  the  West  Indies,  &.c.  at  Fax- 
ardo,  in  the  Island  of  Porto  Rico,  in  the  month  of  November,  182-1, 

The  United  States  schooner  Grampus,  bearing  the  broad  pendant 
of  Commodore  Porter,  with  the  U.  S.  schooner  Beagle  in  company, 
arrived  in  the  harbour  of  Faxardo  on  the  14th  November,  1824, 
about  8  o'clock,  A.  M.  1  was  a  passenger  in  the  Grampus.  Both 
vessels  entered  the  harbour  with  the  U.  S.  ensign  displayed.  We 
had  scarcely  let  go  our  anchor,  which  was  done  directly  opposite  a 


39 

two  gun  battery  on  Ihe  summit  of  a  hill,  elevated  perhiips  eighty 
feet  nbove  the  level  of  the  ocean,  when  I  perceived  twenty  or 
njurr  in-  (i  in  the  battery,  loading  and  training  the  guns  in  the  direc- 
tion of  tin-  (irainpu-?.  1  soon  after  received  orders  through  Lieut. 
H  )  it,  commandant  of*  the  schooner,  to  be  in  readmit.-  to  command 
the  Marine  guard  attached  to  her,  fourteen  in  number,  and  to  pro- 
ceed in  tin;  launch,  the  Litest  l>uul  of  the  Grampus,  with  Lieuten- 
ant Peodergraft,  her  first  Lieutenant. 

The  I  liter  ollicer  received  the  following  orders,  in  substance, 
from  Commodore  Porter,  in  my  presence  :  To  proceed  in  the  di- 
reclioo  of  the  two  gun  battery,  directly  oppo-ite,  and  land  the  men 
under  his  command  at  as  little  ha/.. ml  as  po--ilde.  To  take  the 
battery,  spike  the  guns,  and  destroy  the  ammunition  ;  and  then  pur- 
sue tin-  direction  of  the  main  body,  under  the  command  of  the 
Commodore  in  person.  Lieutenant  Pendergrast  was  particularly 
ordered  not  to  tire  a  gun,  unless  he  met  witli  resistance  ;  and  nut 
nnit  the  men  to  commit  any  depredation  upon  persons  or 
property, 

We  then  pulled  ofV  from  the  Grampus,  in  a  direction  for  the  bat- 
lery,  and  perceiving  that  they  were  training  their  guns,  one  to  bear  on 
the  Grampus,  and  one  on  our  launch,  we  made  the  best  of  our  way 
to  effect  a  landing  in  the  rear  of  the  fort,  which  we  succeeded  in 
doin<;  in  -«o  sliort  a  space  of  time,  that  they  corild  not  bring  the  gun 
lo  bear  on  us,  which  they  were  using  every  exertion  to  do. 

Having  succeeded  in  landing  in  rear  of  the  battery,  we  mounted 
the  bill  with  mu-kct-.  pi»t<>|s,  and  cutlas-i-*.  and  discovered  the 
works  to  be  that  moment  deserted  by  the  Spaniards.  We  took 
quiet  possession,  and  found  two  long  eighteen  pounders,  one  of  them. 
.'•<!  with  a  cartridge'  of  powder  and  round  shot,  and  a  canister 
filled  with  sirape  -!,..(.  mu-ket  balls  and  spike*,  the  gun  primed,  and 
a  lighted  match  placed  ni-.ir  it.  The  other  gun  was  partly  charg- 
ed, but  was  deserted  before  the  loading  of  her  was  completed. 

Agreeably  to  orders,   we  spiked  the  guns  with   tiles  :   and  finding 
i  tw<>  diaries  ((f  powder,   anil  a  cam-ler  with  grape,  musket 
balls,  and  spikes,  alongside  one  of  the  guns — the  ammunition  was  de- 
stroyed. 

After  having  secured  the  battery  conformably  to  orders,  we  re- 
emharked  in  our  launch,  and  proceeded  in  the  direction  of  the  main 
body,  which  had  landed  near  the  road  leading  to  the  town  of  Fax- 
ardo. 

After  we  reached  the  landing,  I  was  ordered  by  Commodore  Por- 
ter to  remain  with  a  guard  under  my  command,  to  protectthe  boats 
during  his  absence  with  the  main  body  ;  and  1  was  particularly  or- 
dered to  permit  no  man  of  my  guard,  upon  any  consideration,  to 
commit  depredations  upon  the  inhabitants  or  their  property,  whicjj 
order  wa-  obeyed. 

-uned,  THOS.  B.  BARTON,  Lt.  Coming  Marines. 

before  me  this  7th  of  February,  182-"', 
JNO.  K.  MIKFMV. 

of  the  PttTt   t\ani   •«.'!'<:     l'.i,nn!o  M  '"-iridn- 


40 


(Copy.)     B. 

GENTLEMEN  OP  THE  COURT  :  Before  you  proceed  to  investigate 
the  subject  submitted  to  you,  allow  me  to  make  a  few  remarks  on 
the  character  of  the  precept  which  authorizes  your  forming  your- 
selves into  a  Court,  and  the  nature  of  the  duties  which  it  imposes 
on  you. 

As  regards  the  first  charge  against  me,  submitted  to  your  inves- 
tigation, 1  have  nothing  at  present  to  say  ;  the  Secretary  of  the  Na- 
vy having  preferred  it  against  me,  he  has  a  perfect  right  to  couch  it 
in  whatever  language  may  appear  to  him  most  proper  to  obtain  the 
end  he  has  in  view.  The  mere  statement  of  the  charge,  however 
forcible  the  terms,  is  no  proof  of  my  guilt ;  and  it  remains  for  me 
to  oppose  to  it  the  proofs  I  have  in  my  possession  ;  sufficient,  I 
trust,  to  show,  that  my  conduct  in  landing  in  a  hostile  manner  on 
the  shores  of  Porto  Rico,  was  not  only  justifiable,  but  praiseworthy. 

It  is  however  a  duty  I  especially  owe  to  myself  and  to  others  un- 
der my  command,  to  notice  the  manner  in  which  the  second  sub- 
ject is  submitted  to  your  investigation,  to  wit :  the  carrying  of  spe- 
cie, &c.  You  will  perceive  that  it  is  admitted  in  the  precept,  that 
the  investigation  of  this  subject  is  ordered  at  my  particular  request, 
and  this  being  the  case,  it  would  seem  but  just,  that  the  request 
should  be  complied  with,  according  to  its  terms. 

My  request,  as  contained  in  my  letter  to  the  Secretary  of  the 
Navy  ot  the  2d  of  March,  is  in  the  following  words — 

"  Having  this  day  seen  in  a  print,  several  letters  from  Mr.  Tho- 
mas Randall,  and  Mr.  John  Mountain,  communicated  through  the 
State  Department  to  Congress,  and  highly  injurious  to  the  character 
of  myself  and  other  officers  belonging  to  the  West  India  Squadron, 
I  have  to  request  that  an  inquiry  may  be  instituted,  to  ascertain  how 
far  facts  will  justify  their  statements  and  remarks,  and  the  injuri- 
ous remarks  they  have  elicited  on  the  floor  of  Congress.  " 

You  will  perceive,  by  a  perusal  of  the  precept,  that  your  atten- 
tion is  not  directed  to  the  inquiry  asked  for  by  me.  You  find  not 
thing  said  of  the  particular  documents  referred  to,  or  the  persons 
named  in  my  application  ; — you  are  not  directed  to  inquire  how 
far  facts  will  justify  their  statements  and  remarks,  and  the  injurious 
remarks  they  have  elicited  on  the  floor  of  Congress.  You  are  in  fact, 
not  directed  to  extend  the  inquiry,  so  as  to  ascertain  how  far  others, 
as  well  as  myself,  were  implicated  in  transactions,  which  if  true, 
were  highly  disreputable  to  all  concerned  ;  but  you  are  simply  re- 
quired to  ascertain  whether  the  Naval  force  in  the  West  Indies  ;md 
Gulf  of  Mexico,  was  employed  to  the  best  advantage  ;  whether  it 
was  not  employed  in  the  transportation  of  Specie,  and  in  other  ob- 
jects of  inferior  moment,  to  the  neglect  of  the  public  interest.  I 
beg  you  to  compare  the  charge  as  it  stands  in  the  precept,  with 
my  request,  and  say  if  you  can  find  the  slightest  resemblance  be- 
tween them.  I  am  not  very  particular  as  to  the  manner  in  which  this 
Charge  has  been  worded  ;  but.  as  some  of  the  vessels  under  my  com- 


41 

mand,  have  bcon  "employed  in  the  transportation  of  specie,  and  (per* 
h;t|t-)  in  oibri  i  inferior  moment,'1  all  of  which  I  trust,  tny 

order*  from  the  Secretary  nf  tbe  Navy  made  necessary.  Your  divi- 
sion, in  the  negative  or  affirmative,  Can  therefore  have  no  hearing  on 
the  innocence  or  guilt  of  myself,  and  hose  under  my  command. 
The  Question,  had  it  heen  submitted  to  you  ;i<  wa<  intended  by  ;n«\ 
would  have  been  simply  this  :  Ma-  Captain  Porter,  and  the  officer* 
of  the  We.-t  India  Squadron,  basely  neglected  their  duty,  and  -sacri- 
ficed the  public  interests,  as  chared  by  Messr*.  Kamhll  and  Moun- 
tain ;  and  do  they  de-erve  the  strictures  which  have  been  p 
on  them  on  the  6oor  of  Congi 

The  question,  as  it  now  -t.mil-  in  the  precept,  may  require  you  to 
investigate  the  propriety  of  the  onliT-  i«-ii.'d  from  tin-  Navy  De- 
partment, but  its  decision  can  have  no  bearing  on  the  conduct  of 
th'i-c  who  acted  in  obedience  to  them.  My  motive  in  asking  for 
lhi<  ii.«piiry,  was  for  the  sole  purpo-e  of  justifying  myv-lf.  and 
others  under  my  command.  a<;iin.«t  the  charges  of  Messrs.  Randall 
and  Mountain,  and  the  illiberal  remarks  they  gave  rise  to  ;  I  bad 
no  wish  to  pry  into  the  conduct  or  motives  of  the  Secretary  of  the 
Navy,  or  to  implicate  him  by  any  investigation  touching  his  official 
conduct.  I  have  never  doubted  the  propriety  of  the  orders  he 
gave  me,  nor  do  I  doubt  it  now — but,  ns  the  question  submitted  to 
you  stands,  the.  result  must  necessarily  be  a  decision  as  to  their  pro- 
priety ;  a  decision  I  have  never  asked  for,  and  with  which  1  have 
nothing  to  do.  To  me  it  matters  little,  whether  the  orders  I  acted 
under,  were  in  conformity  with  the  laws  for  the  Suppression  of  Pi- 
racy, or  not  ;  it  is  only  necessary  for  my  justification  to  show, 
that  I  acted  in  strict  obedience  to  the  orders  I  received  ;  let  those, 
who  issued  them,  if  there  is  any  thing  wrong  in  them,  answer  for 
the  rest. 

.Messrs.  Randall  and  Mountain  are  understood  to  have  said  that 
m\-elf,  and  others  under  my  command,  have  neglected  the  du  ies 
which  were  confided  to  us,  to  the  discredit  of  the  Navy.  ;md 
the  Nation,  to  tde  injury  of  the  property,  and  to  the  sacrifice 
of  the  citi/ens  of  the  I'mted  States,  for  the  sole  purp<> 
benefitting  ourselves,  by  the  transportation  of  Specie.  If  what 
those  gentlemen  say  of  us  is  trie,  we  are  not  only  unworthy  of  hold- 
ing Commissions  in  the  Navy,  but  are  deserving  the  severest  pun- 
ishment a  Court  Martial  can  sentence  us  to  receive  ;  and  if  we  are 
not  guilty,  we  should  not  only  be  pronounced  innocent,  but  our 
slanderers  and  calumniaters  should  be  exposed  to  the  world  as  men 
unworthy  of  confidence. 

It  becomes  then  a  question  of  character  between  them  and  n*. 
If  they  prove  their  charges,  they  deserve  well  of  their  country  for 
expoxini;  us  and  we  must  sink,  and  deservedly  ;  if  we  acqait  our- 
selves of  them,  they  will  no  longer  be  worthy  of  consideration. 

The  question  then  should  have  been  submitted   to  you  in  all  its 
bearing-,  in   strict  conformity    with   the    language  of  the    request 
which  produced  the  order  for  the  inquiry  ;  and  had  this  been  done, 
6 


12 

you  would  have  been  able  to  have  come  to  a  satisfactory  conclu- 
sion ;  but  confining  yourself  to  the  subject  as  presented  to  you  in 
the  precept  before  you,  there  can  be  no  decision  touching  the  point 
at  iss-ue,  between  Messrs.  Randall  and  Mountain,  and  myself  and 
officers. 

I  have  taken  the  liberty  to  make  these  remarks  at  this  early  pe- 
riod, with  the  hope  that  you  would,  by  applying  to  the  Secretary 
of  the  Navy,  obtain  a  revision  or  modification  of  the  precept,  so 
as  to  enable  you  to  reach  the  object  which  induced  me  to  ask  the 
inquiry  ;  or,  at  least,  that  such  measures  might  be  taken,  as  may 
seem  to  you  expedient,  to  enable  you  to  effect  the  purpose  which 
caused  me  to  make  the  application  for  an  investigation  of  the  truth  of 
tlie  charges. 

I  beg  the  Court  to  be  persuaded  that  these  remarks,  and  this  re- 
quest, originated  in  no  wish  to  embarrass,  or  throw  difficulties  in 
the  way  of  the  inquiry  ;  but  from  a  sincere  desire,  that  the  accusers 
may  have  every  opportunity  of  proving  their  charges,  and  the  ac- 
cused the.  advantage  of  rebutting  them  ;  that  truth  may  be  made 
known,  and  justice  obtained  ;  the  only  end  and  object,  it  is  presu- 
med, of  the  investigation.  I  beg  leave  to  state  further,  that  it  was 
not  my  intention  to  make,  under  any  circumstances  whatever,  ob- 
jections to  any  member  who  the  Secretary  of  the  Navy  might  think 
proper  to  order  on  this  Court,  and  I  should  now  waive  all  objec- 
tions, was  my  conduct,  alone,  the  subject  of  inquiry  ;  but  since 
the  Secretary  has  chosen,  by  the  same  precept,  to  submit  to  you 
charges  against  me,  originating  with  himself,  and  the  investigation 
of  the  conduct  of  myself  and  others,  asked  for  by  me,  it  is  a  duty 
I  owe  to  others,  to  guard  by  every  meaus  in  my  power  against  a 
decision  injurious  to  them. 

It  has  not  escaped  your  observation,  there  are  two  members  of 
this  Court  junior  to  me.  This  however,  at  first  sight,  may  not  by 
many  be  considered  a  reasonable  ground  of  objection,  as  the  act 
for  the  better  government  of  the  Navy,  only  requires  three  com- 
missioned officers,  and  a  Judge  Advocate,  to  constitute  a  Court  of 
Inquiry  ;  but  1  think  it  must  be  apparent,  that  the  intention  of  the 
framers  of  the  law  was,  that  with  the  exception  of  the  difference 
of  the  members  which  composed  them,  Courts  of  Inquiry  should 
be  formed,  regulated  and  governed,  on  the  same  principles  as 
Courts  Martial. 

A  Court  Martial  may  consist  of  from  five  to  thirteen  members, 
but  it  is  required  that  not  more  than  one  half  of  the  members,  if  it 
can  be  avoided,  shall  be  junior  to  the  officer  tried  ;  this  rule  no 
doubt  was  intended  to  prevent  the  interested  feelings  of  the  junior 
members  from  operating  to  the  prejudice  of  the  officer  to  be  tried, 
and  the  same  rule  should  in  justice  govern  Courts  of  Inquiry; 
Courts  of  Inquiry  having  the  same  power  to  summons  witnesses, 
admini  ter  oaths  and  punish  contempt,  it  was  evidently  designed 
that  they  should  be  similarly  constituted.  By  every  rule  and  prin- 
ciple of  justice,  the  accused  should  be  tried  by  disinterested  ju- 
niors, or  at  least  a  majority  of  them. 


4.; 

U'iH  it  be  contended  that,  lirc:iu«r  the  law  requires  three  coin 
•neil  oilirers  to  constitute  ;i  Court  of  Inquiry,  that  three  com- 
nii»«ioned  otiicer-.  from  any  of  the  subordinate  classes,  would  he  a 
sufficient  Court  to  investigate  and  report  on  the  conduct  ot'the  com- 
mander o|  a  Squadron  ?  Lieutenants,  Pursers,  Chaplains,  Surgeon-, 
and  I  believe,  Surgeon's  Mates,  are  commissioned  othYers  ;  but 
surely  it  will  not  be  asserted,  that  a  sufficient  Court  for  the  mves- 
•n  of  my  conduct  could  be  formed  of  these  classes.  It  was 
therefore  evidently  de-iinu-d,  that  only  such  commissioned  officers 
;i-  may  le^;.!ly  set  on  a  Couit  .Martial,  can  set  on  a  Court  of  In- 
quiry ;  and  tint  Courts  of  Inquiry,  should  not  only  be  similar  in 
their  organization,  but  also  formed  of  the  same  materials  as  Courts 
.Martial. 

With  this  view  of  the  subject,  I  feel  that  I  should  not  do  my  duty 
to  others,  con*  •*•  J  earful  odil$  I  hare  to  contend  against,  if 

I  did  not  .submit  t  >  the  Court  whether,  with  a  majority  junior  to 
ni\-t  If,  it  <  ;m  Uglily  proceed  to  investigate  my  conduct.  That  the 
Court  is  formed  agreeable  to  the  letter  of  the  law,  I  cannot  deny, 
nor  could  1,  were  it  formed  of  any  of  the  subordinate  clas<e-  I  liavr 
mentioned.  Hut,  whether  it  is  formed  according  to  its  tpirii  and 
intention,  and  on  prinr.ijilei  of  justice,  is  the  question  I  beg  leave  to 
submit  to  yuu. 


(Copy.)     C. 

NAVY-YARD,  WABHISGTOJT,  MayM,  1 

SIR  :  I  am  instructed  by  the  Court  of  Inquiry,  convened  to  in- 
_  ite  the  conduct  of  Captain  David  Porter,  to  inform  you  that 
the  Court  was  this  day  organized,  in  pursuance  of  the  precept  in 
the  case,  and  that  alter  the  members  were  duly  sworn,  Captain 
Porter  read  to  the  Court  a  certain  paper  herewith  transmitted  for 
your  consideration.  You  will  perceive  that  an  exception  is  taken 
to  the  Court  itself,  as  not  composed  of  competent  members. 

This  objection  applies  to  a  majority  of  the  Court,  and  they  con- 
sequently feel  a  delicacy  in  determining  a  question  involving  their 
own  competency.  The  Court,  therefore,  has  deemed  it  correct,  to 
submit  the  questions  thus  raised,  to  your  determination  ;  and  to  ad- 
journ the  Court  for  the  purpose  of  obtaining  your  opinion,  before 
proceeding  in  the  investigation. 

Very  respectfully,  your  obedient  servant, 

M^ned,  RICH'D  S.  C'OXE,  Judge  Advocate. 

The  Ho*.  SAMUEL  L.  SOCTHARD,  Secretary  of  the  ./Vary. 


(Copy.)     D. 

NAVY  DEPARTMENT,  Zd  May,  !•';.'"). 

SIR  :    Your  letter  of  yesterday's  date,  communicating  the  paper 
submitted  to  the  Court  by  Captain  D.  Porter,  has  been  received. 

If  it  was  the  intention  of  Captain  Porter  to  present  a  challenge,  or 
ofler  a  specific  legal  exception,  to  any  member,  the  proper  tribunal 


44 

for  its  decision  was  the  Court  itself — the  proper  time  was  before  the 
members  were  sworn. 

If,  as  is  presumed,  he  designed  to  complain  of  the  manner  in 
which  the  Court  WH?  composed,  as  unjust  or  illegal,  he  ought,  before 
the  meeting  of  the  Court,  to  have  applied  to  the  Department,  which, 
alone  possessed  the  power  of  affording  a  remedy. 

A  copy  of  the  precept,  stating  the  names  of  the  officers  who 
were  to  compose  the  Court,  and  the  object  of  inquiry,  was  furnish- 
ed to  him  on  the  20lh  day  of  April  last. 

As,  however,  you  have  deemed  it  correct  to  "  submit  the  ques- 
tions raised"  by  Captain  Porter,  to  "my  determination,"  it  is  pro- 
per to  add,  that  the  opinion  of  the  Department  as  to  the  legality  of 
constituting  the  Court  with  three  Captains,  of  the  same  rank  with 
Captain  Porter,  one  being  senior,  and  two  junior,  to  himself,  was 
necessarily  expressed  in  the  very  act  which  created  and  convened 
the  Court ;  and  no  argument  is  discovered,  in  the  paper  submitted, 
calculated  to  change  that  opinion. 

As  it  is  not  supposed  that  the  Court  possesses  the  power  to  decide 
on  the  form  of  the  precept,  the  objects  for  which  it  should  have 
been  convened,  or  those  into  which  it  would  be  proper  to  inquire, 
the  reason  and  design  of  the  comment  which  is  made  on  the  form 
and  words  of  the  precept,  are  not  distinctly  perceived,  and  may  be 
totally  misapprehended. 

If  its  form  seemed  incorrect  to  Captain  Porter,  or  not  calculated 
to  meet  the  objects  which  he  had  in  asking  for  an  inquiry,  the  De- 
partment, which  alone  possessed  the  power  to  alter  the  form  of  the 
precept,  and  change  the  scope  of  the  investigation,  ought  to  have 
been  addressed  on  the  subject. 

The  President  of  the  United  States  having  thought  proper  to  or- 
der an  investigation  into  the  the  transactions  at  Faxardo,  it  was  the 
duty  of  the  Department  so  to  frame  the  precept  as  to  meet  that  ob- 
ject; and  it  is  believed  that  the  Court  will  find  no  difficulty  in  com- 
prehending what  is  directed  on  that  point. 

The  inquiry  relating  to  some  other  parts  of  the  conduct  of  Cap- 
tain Porter,  while  commanding  the  squadron  in  the  West  Indies, 
was  granted  at  his  request,  ->nd  was  intended  to  be  so  general,  as  to 
permit  him  the  utmost  latitude  in  proving  what  had  been  his  con- 
duct on  any  particular  point  which  he  might  select ;  and  shewing 
that  he  was  free  from  all  just  cause  of  accusation,  by  whomsoever 
made.  If  the  words  be  not  sufficiently  broad  to  permit  such  an 
investigation,  they  would  heretofore  have  been  promptly  extended, 
at  his  request,  and  no  difficulty  will  now  be  made,  should  he  request 
it,  in  so  directing  the  Court  as  to  accomplish  his  object.  The  de- 
fect on  this  point,  if  one  exist,  is  not  perceived. 

It  was  not  the  intention  of  the  Department,  at  the  suggestion  or 
solicitation  of  Captain  Porter,  to  direct  the  Court  to  inquire  into 
the  conduct  of  oth^r  officers,  of  whose  actions  the  Department  saw 
no  cause  to  compl  tin  ;  who  had  not  asked  for  any  inquiry  ;  and  for 
whom,  it  was  not  perceived  that  he  had  any  authority  to  demand  it. 


45 

Much  less  was  it  (he  intention  of  the  Deportment,  on  an  inquiry 
asked  by  him,  to  submit  to  the  Court  the  legality  or  the  propriety 
of  the  orders  given  to  him  :  nor  is  it  believed  that  the  precept  can 
bear  any  such  construction. 

With  this  view  of  the  matters  contained  in  the  papers  submitted, 
the  Department  has  only  to  direct,  that  the  Court,  < •••n-wutc>d  as  it 
i<,  proceed  to  make  the  inquiry  directed  by  the  precept. 

I  am,  respectfully,  yours,  &c.  &c. 
Signed,  -  \M'I.  I..  SO!'TU\RD. 

RD  S.  COTE,  Esq.,  Judge  ddrocate  of  Ike  Jfaral  Court  of 
at  the  .Vury-lurrf,  Waihingtun. 


(Copy.)     E.* 

TI.F.MEN  OK  THE  COURT  :  Before  proceeding  to  the  examina- 
tion of  any  witness  in  my  defence,  1  must  m  to  enter  mv 
protest  against  the  decision  of  the  Secretary  of  the  Navy  • 
the  legality  of  the  formation  of  the  Court.  A  question  of  law  and 
e,  on  which  the  Court,  either  from  incompctency  or  dehr.u-y 
are  unwilling  to  come  to  a  decision,  should  not  be  decided  on  by 
the  officer  with  whom  the  illegality  and  injustice  complained  of  is 
supposed  to  have  originated.  A  question  of  the  importance  of  the 
-iibtnitted  to  you,  I  was  impressed  wilh  a  belief,  at  the  time  of 
presenting  it,  would  be,  and  am  still  of  the  opinion  should  h«>,-ul»- 
mitted  to  the  Attorney  General  of  the  United  St  it.  -,  it  the  Court 
from  any  rau-c.  u  is  unwilling  to  take  the  responsibility  on  itself. 
And,  in  order  that  1  may  not  br  supposed  to  have  given  my  a-M-nt 
to  any  circumstanrp,  which  by  any  tribunal  hereafter,  may  be  sup. 
posed  to  vitiate  the  legality  of  your  proceedings,  1  must  beg  leave  to 
decline  taking  any  part  whatever  in  this  investigation,  until  the  ques- 
tion I  have  submitted  to  you  is  decided  on  by  competent  authority. 
A  question  not  originating  in  any  captious  i!i*p«>-iti«in  on  my  part  ID 
create  difficulties,  as  it  would  appear  from  the  quotation  in  the 
retary's  letter,  is  -upjio^ed  to  be  the  cause,  but  from  a  sincere  de- 
sire that  every  proceeding  in  the  case  should  be  conducted  accord- 
ing to  the  strictest  principles  of  law  and  ju»ti«  e. 

If  an  error,  as  is  intimated,  was  committed  in  point  of  form,  in  the 
time  taken  to  -t.it--  my  objection,  the  Court  will  no  doubt  recollect 
that  the  error  did  not  originate  with  me.  I  apprised  the  memlx  is 
assembled  before  its  formation  of  my  intention,  and  adopted  tin-  time 
suLcin'-ted  to  me  by  the  Judge  Advocate.  Bui  even  if  an  error  had 
been  committed  by  me  merely  in  point  of  form,  is  it  just,  consj. It-r- 
ing all  circumstances,  that  the  party  opposed  to  me  sh'>i;1d  uvuil  itself 
of  this  error  to  my  disadvantage,  when  no  intimation  whatever  of 
the  error  was  made  to  me,  at  any  time,  either  by  the  Court,  or  ita 
law  advisor. 

That  I  did  not  apply  to  the  Department  before  the  meeting  of 
the  Court,  to  remedy  the  evil  complained  of,  scarcely  needs  an  ex- 
planation ;  //"  it  does,  you  have  it  non;  in  (lie  derision  of  the  Secretary. 

I  feel  it  due  to  myself,  in  making  this  protest,  to  place  on  the  re- 

*  As  with  th«  objectionable  matter  underscored  hy  the  Court. 


cord,  my  reply  to  the  intimation,  that  the  precept  would  have  been 
changed,  on  my  npplication,  before  the  meeting  of  the  Court. 

You  have  already  been  made  acquainted  with  the  language  used 
in  my  application  for  the  investigation  sought  for  by  me,  it  is  there- 
fore unnecessary  to  repeat  it.  The  Secretary,  in  what  purports  to 
be  his  reply,  dated  on  16th  of  March,  states  as  follows  : 

"  It  has  become  my  duty  to  apprise  you  of  the  determination  of 
the  Executive,  that  a  Court  of  Inquiry  will  be  formed,  as  soon  as  cir^ 
cumstances  will  permit,  to  examine  into  the  occurrence  at  Faxardo, 
which  was  the  occasion  of  your  recall,  and  also  to  comply  with  the 
request  contained  in  your  letter  of  the  8th  hist.  " 

1  must  observe  that  I  understood  the  Secretary  to  mean  by  the 
,  letter  of  the  8th  my  letter  of  the  second,  as  I  never  made  any  re- 
quest of  him  in  any  letter  of  that  date,  relating  to  the  subjects  sub- 
mitted to  you.  ContidiTig  in  the  assurance  of  his  reply,  I  was  greatly 
surprised  at  the  wording  of  the  precept,  and  I  must  leave  you  to  de- 
cide whether,  after  it  had  been  issued,  the  Court  was  not  the  pro- 
per medium,  through  which  I  was  bound  to  communicate  with  the 
Secretary. 

I  will  further  remark  that,  in  the  letter  accompanying  the  precept, 
the  Secretary,  from  some  objections  to  the  style  of  my  letter,  thought 
proper  to  remind  me  of  the  relation  which  subsists  between  me  and 
the  Department.  And  not  willing  that  offence  should  in  future  be 
taken  when  none  was  intended,  or  to  incur  a  similar  reproof  when 
none  was  deserved,  I  thought  it  safest,  on  my  own  account,  that  all 
my  communications  should,  in  future,  be  made  to  you,  and  through 
you. 


(Copy.)  E.* 

GENTLEMEN  OF  THE  COURT  :  Before  proceeding  to  the  exami- 
nation of  any  witness  in  my  defence,  I  must  beg  leave  to  enter  my 
protest  against  the  decision  of  the  Secretary  of  the  Navy,  as  re- 
gards the  legality  of  the  formation  of  the  Court. 

A  question  of  law  and  justice  on  which  the  Court,  either  from 
incompetency  or  delicacy,  are  unwilling  to  come  to  a  decision, 
should  not  be  decided  on  by  the  officer,  with  whom  the  illegality  and 
injustice  complained  of  is  supposed  to  have  originated.  A  question 
of  the  importance  of  the  one  submitted  to  you.  I  was  impressed 
with  a  belief,  at  the  time  of  presenting  it,  would  be,  and  am  still 
of  the  opinion  should  be,  submitted  to  the  Attorney  General  of 
the  United  States,  if  the  Court  from  any  cause  was  unwilling  to 
take  the  responsibility  on  itself.  And.  in  order  that  I  may  not  be 
supposed  to  have  given  my  assent  to  any  circumstance  which,  by  any 
tribunal  hereafter,  may  be  supposed  to  vitiate  the  legality  of  your 
proceeding?,  1  must  beg  leave  to  decline  taking  any  part  whatever 
in  this  investigation,  until  the  question  I  have  submitted  to  you  is 
decided  on  by  competent  authority.  A  question  not  originating  in 
any  captious  disposition  on  my  part  to  create  difficulties,  as  it  would 

*  As  presented  by  Captain  Porter. 


47 

appear  from  the  quotation  in  the  Secretary's  letter,  is  supposed  to 
be  the  case,  but  from  a  sincere  desiie  that  every  proceeding  in  th«-. 
case,  should  be  conducted  according  to  the  strictest  principles  of 
law  and  justice. 

If  an  error,  as  is  intimated,  was  committed  in  point  of  form,  in 
the  time  taken  to  state  my  objection,  the  Court  will  no  doubt  recol- 
lect, that  the  error  did  not  originate  with  me.  I  apprized  the  mem- 
bers assembled  before  its  formation,  of  my  intention,  and  adopted 
the  time  suggested  to  me  by  the  Judge  Advocate.  But  even  if  an 
error  had  bei-n  committed  by  me,  merely  in  point  of  form,  is  it 
just,  considering  all  circum-ianct's,  that  the  party  opposed  to  me 
should  avail  it-ell  of  tins  error  to  my  disadvantage,  when  no  inti- 
mation whatever  of  the  error  was  made  to  me,  at  any  time,  either 
fiy  the  Court,  or  its  law  advi 

That  I  did  not  apply  to  the  Department  before  the  meeting  of 
the  Court,  to  remedy  the  evil  complained  of,  scarcely  needs  an  ex- 
planation ;  if  it  does,  you  have  it  now  ia  the  decision  of  the  Sec- 
retary. 

I  feel  it  due  to  myself,  in  making  this  protest,  to  place  on  the  re- 
cord, my  reply  to  the  intimation,  that  the  precept  would  have  been 
changed,  on  my  application,  before  the  meeting  of  the  Court. 

You  have  already  been  made  acquainted  with  the  language  used 
in  my  application  for  the  investigation  sought  for  by  me-  ;  it  is,  there- 
fore, unnecessary  to  repeat  it.  The  Secretary,  in  what  purports 
to  be  his  reply,  dated  on  the  HHh  of  March,  states  as  follows  : 

"  It  has  become  my  duty  to  appri/.e  you  of  the  determination  of 
the  Executive,  that  a  Court  of  Inquiry  will  be  formed,  as  soon  as 
circumstances  will  permit,  to  examine  into  the  occurrence  at  Fux- 
ardo,  which  was  the  occasion  of  your  recal,  and  al-o  to  comply 
with  the  request  contained  in  your  letter  of  the  8th  inst." 

I  inu-t  observe  that  I  understood  the  Secretary  to  mean  by  the 
letter  of  the  8th,  my  letter  of  the  2d,  as  I  never  made  any  n-quei-t 
of  him  in  any  letter  of  that  date,  relating  to  the  subjects  submitted 
to  you.  Confiding  in  the  assurance  of  his  reply,  I  was  greatly  sur- 
jin-i',1  at  tin-  wording  of  the  precept,  and  I  must  leave  you  to  de- 
cide whether,  after  it  had  been  issued,  the  Court  was  not  the  pro- 
per medium,  through  which  1  was  bound  to  communicate  with  the 
Secretary. 

I  will  further  remark,  that  in  the  letter  accompanying  the  pre- 
cept, the  Secretary,  from  some  objections  to  the  stjle  of  my  let- 
ter, thought  proper  to  remind  me  of  the  relation  which  sul»i-i« 
between  me  and  the  Department,  and  not  willing  that  offence  should 
in  future  be  taken  when  none  was  intended,  or  to  incur  a  similar 
reproof  when  none  was  dt->erved,  I  thought  it  safest,  on  my  own  ac- 
count, that  all  my  communications  should,  in  future,  be  made  to  you. 
and  through  you. 


(Copy.)    F. 

WASHISGTOW,  May  5th,  182;;. 

GENTLEMEN  QF   THF  COPRT  :  Having  carefuljy   penned  the  pa 


48 

jter  commented  on  by  Hie  Court,  on  account  of  which  it  has  thought 
proper  to  pass  censure,  and  not  being  able  to  detect  in  it  a  single 
expression  which  bears  the  construction  the  Court  has  thought  pro- 
per to  place  on  it,  I  cannot  consent  by  any  alteration  on  my  part,  to 
admit  that  by  it  any  disrespect  was  intended  by  me,  either  to  the 
Court,  or  the  head  of  the  Navy  Department ;  and  it  is  the  cause  of 
great  surprise  to  me,  that  the  Court  should  have  entertained  such 
an  opinion. 

The  Court  having  thought  proper  to  underscore,  as  disrespectful, 
the  word  incompetency,  as  used  by  me  in  relation  to  it,  I  beg  to  state  dis- 
tinctly, that  the  word  was  not  used  in  regard  to  intellectual  incompe- 
tency, and  in  no  other  sense  could  it  be  offensive  ;  but  with  respect  to 
its  legal  incompetericy.  (in  the  opposite  sense  in  which  the  Court  it- 
sell  applied  the  word  competency,)  which  was  supposed  to  be  ad- 
milted,  when  the  subject  was  referred  to  the  Secretary  for  his  de- 
cision. Delicacy,  1  did  not  conceive  to  be  the  only  motive  for  the 
cour?e  taken  by  the  Court,  as  I  did  not  believe  it  a  sufficient  and 
satisfactory  one  ;  being  under  the  impression  that  it  was  the  duty  of 
every  officer  to  perform  the  service  confided  to  him,  however  deli- 
cate, provided  it  be  legal. 

The  declining  to  make  a  decision  on  my  first  application,  and  re- 
ferring the  subject  to  the  Secretary  of  the  Navy,  was,  as  I  suppos- 
ed, an  admission  of  the  incompetency  of  the  Court  to  decide,  or  a 
voluntary  relinquishment  of  its  right,  if  it  possessed  it ;  a  right, 
which  I  am  of  opinion,  the  Court  cannot  again  resume,  after  the  opin- 
ion of  the  Secretary  is,  at  its  request,  made  known. 

If  the  Court  had  the  right  to  decide  in  the  first  instance,  no  deli- 
cacy should  have  prevented  its  decision  ;  but  relinquishing  its  right, 
lam  under  the  impression  it  cannot  resume  it  to  decide  now  as 
to  its  legality,  and  I  cannot  acquiesce,  either  in  its  power  to  decide, 
the  propriety  of  the  decision  it  has  come  to,  or  the  rule  it  has  es- 
tablished with  regard  to  the  course  it  has  thought  proper  to  adopt 
towards  me. 

1  f  I  am  not  permitted  to  appear  before  the  Court  on  terms  of  perfect 
equality  with  my  accusers,  whoever  they  be,  and  to  defend  myself 
in  the  way  which  may  appear  to  me  the  most  proper,  (always  ob- 
serving due  respect  to  the  Court  and  the  Secretary,}  I  must,  in  jus- 
tice to  myself,  decline  offering  any  defence,  which  may  be  liable 
to  be  weakened  by  an  interposition  on  the  part  of  this  or  any  other 
tribunal. 

With  this  remark,  I  beg  leave  to  adhere  to  the  determination  ex- 
pressed in  the  paper  on  which  the  Court  has  animadverted  with  so 
much,  and  I  think,  with  such  undeserved  severity. 

I  have  the  honour  to  return  to  the  Court,  a  copy  of  the  paper 
commented  on,  underscored,  and  marked  by  it  as  objectionable,  to- 
gether with  a  copy  as  it  was  submitted  by  me  to  the  Court. 

I  have  the  honour  to  be,  with  sentiments  of  the  highest  respect, 
the  Court's  very  obedient  servant, 

Signed,  D.  PORTER. 

Tfic  President  atid  Members  of  the  Court  of  Inquiry,  now  in  session. 


49 

(Copy.)     G. 

NAVY  DEPARTMENT,  May  7th,  IS^j. 

SIR  :  I  received  yesterday  from  Captain  David  Porter,  a  letter 
transmitting  a  number  of  papers  which  he  designates  as  '•  original 
"  letters  and  depositions,  respecting  transactions  at  Faxardo,  and 
"the  piratical  character  of  the  place."  His  letter  is  dated,  no 
-doubt,  by  mistake,  •«  March  Glh,  1825." 

It  is  supposed  to  be  the  wish  of  Captain  Porter,  that  these  pa- 
pers should  be  laid  before  the  Court  of  Inquiry  for  its  consideration. 
They  are  therefore,  with  a  copy  of  his  letter,  enclosed  to  you  for 
that  purpose. 

I  also  enclose  for  the  same  purpose,  certain  papers  in  the  Span- 
ish language,  received  through  the  Department  of  State  from  Mr. 
Salmon,  Charge  dcs  Affairs  of  the  government  of  Spain,  in  this 
country. 

They  are  accompanied  by  translations. 
I  am,  respectfully,  sir,  your  ob't  serv't. 

Signed,  SAM'L  L.  SOUTHARD. 

RICHARD  S.  COXE,  Etqr.  Judge  Advocate,  present. 

(Copy.)     If. 
NAVY  YARD,  WASHINGTON,  May  9th,  18'JJ. 

SIR  :  I  am  instructed  by  the  Court,  to  transmit  to  you,  agreeably 
to  the  directions  of  the  precept,  the  report  of  the  result  of  the  in- 
vestigation, which  has  been  made  into  the  conduct  ot  Captain  Da- 
vid Porter,  in  landing  with  an  armed  force  on  the  island  of  Porto 
Rico,  in  November  last. 

Having  no  evidence  to  lay  before  the  Court,  in  regard  to  the 
second  branch  of  the  investigation  directed  to  be  made  ;  and  Cap- 
tain Porter,  having  declined  taking  any  part  in  the  investigation, 
and  entered  his  protest  against  the  competency  of  the  Court,  1  am 
also  instructed  to  inform  you,  that  it  has  nothing  before  it  at  this  time, 
and  has  adjourned  until  to-morrow  morning,  at  1 1  o'clock. 

Very  respectfully,  your  obe'dt  serv't. 

Signed,  RICH'D  S.  COXE,  Judge  Advocate. 

The  Honourable  SAMUEL  L.  SOUTHARD,  Secretory  of  the  Jiary. 

I  certify  that  the  foregoing  is  a  true  copy  of  the  record  of  the 
proceedings  in  the  foregoing  case  on  tile  in  this  Department. 

CHAS.  HAY,  Chief  Clerk 
NAVY  DEPARTMENT,  6th  July,  l8f*. 


or  THE  COUHT  or  INQUIRY. 

IN  RELATION  TO  THE 

TRANSPORTATION  OF  SPECIE. 

TUESDAY,  MAY  10TH. 

THE  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent all  the  members  of  the  Court,  and  the  Judge  Advocate.  No 
answer  having  been  received  to  the  communication  made  yesterday 
to  the  Secretary  of  the  Navy,  the  Court  adjourned  till  to-morrow 
morning,  at  1 1  o'clock. 

WEDNESDAY,  MAY   HTH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  Judge  Advocate  submitted  to  the  Court  a  com- 
munication from  the  Honourable  the  Secretary  of  the  Navy,  which 
was  read,  annexed  to  the  record,  and  marked  (I)  and  sundry  docu- 
ments accompanying  it.  The  reading  of  the  documents  was  conti- 
nued until  half  after  three  o'clock,  when  the  Court  adjourned  till 
10  o'clock,  to-morrow  morning. 

THURSDAY,  MAY   12™. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  Court  proceeded  in  the  reading  of  the  docu- 
ments, and  continued  reading  the  same  until  3  o'clock,  when  tho 
Court  adjourned  till  to-morrow  morning,  at  half  past  10  o'clock. 

FRIDAY,  MAY  13™. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before.  The  Judge  Advocate  read  and  submitted  to  the 
Court  sundry  orders  from  Captain  Porter,  during  his  command,  an- 
nexed to  the  record. 

The  Court  proceeded  to  the  examination  of  Thomas  Randall, 
Esq.  who,  being  duly  sworn,  according  to  law,  deposes  and  says — 

Q.  In  what  public  capacity  did  you  visit  the  Island  of  Cuba,  in 
the  year  1824  ?  when  did  you  arrive  there  ?  and  how  long  did  you 
remain  ? 

A.  The  official  duties  enjoined  upon  me,  on  going  to  the  Island 
of  Cuba,  were  various,  ^'he  principal  related  to  reclamations,  to 


£1 

ue  made  on  the  authorities  of  the  Island,  arising  out  of  captures 
made  by  privateer-  Iro.n  Porto  Rico  and  Porto  Cabello.  Appeals 
in  which  c.i«t>-<  h  id  been  carried  up  to  Courts  in  the  Island  of  Cuba. 
1  w.i-  .<  ".iili  demanding  certain  papers  and  docu- 

ments from  the  authorities  of  the  Island,  to  he  u^i-d  hefore  the 
Commissioners  under  the  Florida  Treaty.  1  held  also  the  appoint- 
ment of  Commissary,  (a  separate  one)  for  demanding  the  archives 
and  accounts  under  the  Florida  Treaty.  1  \\d.-  also  charged  with 
certain  confidential  dutie-,  which  it  is  unnecessary  to  mention,  as 
they  have  no  relation  to  the  present  subject  of  inquiry. 

The  instruction  contained  in  the  printed  document  contains  all 
that  1  received  from  the  Government  on  the  subject  of  piracy,  and 
was  considered  wholly  incidental,  not  forming  one  of  the  objects  of 
mv  visit.  1  arrived  at  Huvana  on  the  3d  May,  18-4,  and  sailed 
from  the  Island  on  or  about  the  9th  of  November,  to  the  best  of  my 
recollection.  1  wa>  upon  the  Island  during  the  whole  of  that  pe- 
riod, with  the  exception  of  about  a  week,  consumed  in  a  voyage  to 

•i/  I-,  vii  K-'V  \\C-t.  in  the  schooner  Terrier. 
Q    Do  the  printed  documents  shewn  you  contain  your  despatch- 
es to  the  Government. 

J  Yes  ;  there  may  be  some  verbal  inaccuracies,  but,  with  that 
exc°ption,  they  contain  all  that  I  wrote  upon  the  subject  of  piracy 
to  an)  one. 

Q.  At  the  time  you  were  in  the  Island  of  Cuba,  were  you  ac- 
quainted with  the  instructions  under  which  Commodore  Porte  i 
acting? 
J.   No. 

Q.  From  what  sources  did  you  obtain  the  information  you  com- 
municated ?  were  they  official  or  private  ? 

•rl.  The  sources  were  various  :  sometimes  from  casual  conver- 
sations ;  sometimes  from  one  gentleman  ;  sometimes  from  another. 
My  object  was  to  obtain  such  information  as  I  could  rely  upon,  from 
whatever  quarter  it  could  be  had.  I  endeavoured  to  exei* 
discriminating  judgment  as  to  the  credit  which  was  to  be  given  to 
the  sources  from  which  the  information  was  obtained  ; — and  I  be- 
lieve that  1  have  usually  stated  to  the  Government  the  amount  of 
credit  to  which  the  different  facts  which  I  communicated,  were,  in 
my  opinion,  entitled.  The  information  was  spontaneously  commu- 
nicated to  me,  conceiving  it  to  be  a  subordinate  part  of  my  busi- 
ness, and  being  ver)  much  occupied,  and  sometimes  sick,  I  did  not 
search  for  information  upon  this  head.  I  did  not  conceive  it  to  be 
my  duty  to  seek  lor  information  regarding  the  navy  ;  but  1  conceiv- 
ed it  my  duty,  when  facts  came  to  my  knowledge,  to  report  them. 
Q.  During  the  period  of  your  stay  in  Cuba,  in  \vhat  description 
of  vessels  did  the  pirates  usually  go  to  s.ea  .' 

.].  Generally,  1  believe,  in  open  boats  ;  sometimes  in  boats,  I  be- 
lieve partially  decked — calculated  either  to  row  or  sail,  or  both  ; 
jometimes  in  schooners  of  a  larger  cla--. 
<^.  Were  these   rebels  calculated  for  a  small  draught  of  water 


52 

and  were  the  places  From  which  they  could  put  out  and  take  refuge, 
numerous,  and  difficult  to  find  along  the  coast  of  Cuba  ? 

A.  Such  was  the  information  communicated  to  me,  from  sources 
which  I  deemed  authentic. 

Q.  Could  any  naval  force,  however  numerous  or  vigilant,  ensure 
safety  at  all  times  from  these  pirates,  without  the  active  aid  of  the 
authorities  on  shore  ? 

A.  I  have  given  a  deliberate  opinion  upon  that  subject,  in  my 
communication  to  the  Government,  which  remains  unchanged,  but 
rather  confirmed  by  information  subsequently  received. 

Q.  During  the  spring  and  summer  of  1824,  how  many  vessels 
were  under  the  command  of  Commodore  Porter  ?  where  were 
they  employed,  and  in  what  service  respectively  ? 

A.  I  cannot  say  :  I  know  nothing  of  the  vessels,  except  from 
their  occasional  visits  to  Cuba,  while  I  was  there,  and  the  casual 
conversations  of  the  officers  attached  to  them.  I  knew  in  no  other 
way  of  their  being  under  the  command  of  Commodore  Porter  after 
his  return  to  the  United  States. 

Q.  During  your  stay  in  Cuba,  what  American  men  of  war,  accord- 
ing to  your  recollection,  touched  at  the  island  ? 

A.  While  I  was  at  Havana,  the  John  Adams  arrived  on  the  4th 
May,  reported  to  be  last  from  Matanzas,  and  sailed  about  the  6th, 
for  the  Bay  of  Mexico.  The  schooner  Wild  Cat  arrived  from  Ma- 
tanzas on  the  24th  May,  bound  to  Key  West.  The  Steam-Galliot, 
with  Commodore  Porter,  arrived  on  the  12th  May,  from  Matanzas, 
and  sailed,  1  believe,  for  the  same  place,  on  the  same  evening.  May 
31st,  the  Terrier  arrived  from  the  same  place.  On  the  16th  June, 
the  Spark,  reported  from  Tampico  and  Alvarado,  and  sailed  on  the 
22d,  for  New-York.  July  7th,  the  Grampus  arrived  off  the  Moro, 
reported  from  the  Bay  of  Mexico,  and  sailed  on  or  about  the  8th, 
for  New-York.  July  10th,  the  Terrier  arrived  from  a  cruize  after 
pirates,  and  sailed  the  same  day.  July  12th,  the  John  Adams  ar- 
rived from  the  Bay  of  Mexico,  and  sailed  the  18th,  for  Philadel- 
phia. On  the  20th,  one  of  the  small  schooners  arrived  ;  I  did  not 
ascertain  which.  On  the  the  29th.  the  Terrier  was  in  the  port — 
August  3d,  she  was  in  port :  whether  she  had  been  out  in  the 
interim,  I  cannot  say.  On  the  4th,  1  sailed  in  her  for  Matanzas, 
via  Key  West,  for  the  benefit  of  my  health.  I  think  I  returned 
about  the  30th  August  to  Havana,  in  the  steam-boat.  The  Fox 
arrived  September  15th,  reported  from  Tampico,  and  sailed  on  the 
19th,  I  believe  for  the  United  States.  On  the  17th  September,  the 
Weazle  arrived  from  the  United  States,  via  Barbadoes,  bound  to 
Tampico,  as  reported.  The  23d,  the  Ferret,  from  Key  West,  for 
medical  aid.  October  13th,  the  Porpoise  arrived  from  the  coast  of 
Africa.  On  the  16th,  the  Hornet  arrived,  last  from  St.  Jago.  The 
Shark  arrived,  I  think,  about  the  4th  November,  reported  from  the 
Bay  of  Mexico  ;  I  think  from  Alvarado  and  Tampico.  She  had  also 
previously  arrived  from  the  United  States,  on  her  way  to  the  Bay 
of  Mexico,  date  not  recollected.  There  may  have  been  other  art 


rivals  and  departures  without  my  knowledge  ;  but  I  have  a  memo- 
randum from  my  journal  of  those  which  I  have  stated. 

Q.  How  many,  and  which,  of  these  vessels  carried  specie  ?  what 
amount  ?  where  from  ?  and  where  bound,  as  you  understood  at  the 
time  ? 

A.  I  am  uninformed  in  most  of  the  cases  of  any  particulars  as  to 
the  amount  of  specie.  I  learned  generally  that  most  of  the 
vessels  arriving  at  Havana  from  the  ports  in  the  bay  of  Mexico,  had 
specie  on  board  on  freight.  Captain  Gallagher,  of  the  Shark,  re- 
ported to  me  that  he  had  $  127,000  to  be  delivered  at  Havana  and 
in  the  United  States.  My  impression  is,  that  Captain  Dallas  inform- 
ed me  he  had  some  specie,  the  amount  I  do  not  recollect.  Lieut. 
Ritchie  gave  me  the  «ame  information,  1  think,  in  regard  to  his  ves- 
sel. 1  heard,  also,  that  the  Spark  carried  specie. 

Q.  If  there  is  any  information  which  you  possess,  other  than  that 
you  have  communicated,  calculated  to  elucidate  the  subject  before 
tbe  Court,  will  you  he  good  enough  to  state  it  ? 

A.  I  do  not  at  present  recollect  any  thing  in  particular.  It  may, 
perhaps,  be  proper  to  mention,  as  my  impression,  that  some  of  the 
information  I  obtained  relative  to  the  transaction  of  specie,  was  de- 
rived from  Mr.  Mountain,  the  Vice  Consul,  and  acting  in  the  room 
of  Mr.  Warner,  the  Consul,  in  whose  office  the  negotiations,  relative 
to  the  transportation  of  specie,  were  sometimes  transacted  in  my 
presence. 

Q.  Do  you  know  of  any  shipments  of  specie  being  made  by  any 
of  the  vessels  from  Havana  ? 

.?.  I  do  not  recollect  any  particular  instance,  except  that  I  am  un- 
der the  impression  that  Capt.  Gallagher  informed  me  he  had  receiv- 
ed on  board  the  Shark  some  additional  specie  at  that  place.  1  have 
also  a  general  impression,  that  when  vessels  were  about  sailing 
from  Havana  to  the  United  States,  additional  sums  were  put  on  board 
them  there.  I  returned  to  the  United  States  in  the  Shark. 

William  B.  Finch,  a  Master  Commandant  in  the  Navy  of  I hr 
United  States,  being  duly  sworn  according  to  law,  deposes  and 
says  : 

Between  November,  1823,  and  the  autumn  of  1824,  I  acini  a- 
Captain  to  the  squadron  under  the  command  of  Commodore  Por- 
ter. The  orders  in  the  order  book,  in  my  hand  writing,  were  the 
general  orders  which  were  circulated  thro'  the  squadron.  I  consid- 
ered the  squadron  employed,  duringthe  whole  period  that  I  was  with 
it,  in  conformity  with  the  instructions  received  from  the  Depart- 
ment. The  suppression  of  piracy,  and  the  protection  of  com- 
merce, appeared  to  be  the  particular  objects  in  view.  Some  ves- 
sels were  occasionally  despatched  for  the  special  purpo-p  of  sup- 
pressing the  slave  trade.  The  vessels  which  went  down  the  iriilf, 
and  carried  specie,  as  well  as  my  recollection  serve"  me,  were  the 
John  Adams,  Captain  Dallas  ;  the  Grampus,  Lieut.  Commandant 
Sloat  ;  the  Wea/t-l.  Lieut.  Commandant  Boarrnan  ;  the  Jackall, 
Lieut.  Commandant  Lee  ;  the  Fox,  Lieut.  Commandant  Ritchie  ; 


51 

the  Weasel,  Lieut.  Commandant  Zanfzinger.  All  had  orders,  as  I 
believe,  to  receive  specie,  in  subordination  to  the  general  duties  of 
the  squadron.  This  was  part  of  the  routine  in  the  service.  The 
Shark,  Lieut.  Steven?,  went  from  the  United  States  direct  to  that 
quarter,  with  .agents  from  the  Bank  of  the  United  States.  This 
\vas,  1  believe,  the  only  instance,  in  which  the  carrying  specie  was 
the  special  object.  According  to  my  opinion,  all  the  force  was 
employed  which  the  circumstances  of  the  case  required,  for  the 
suppression  of  piracy.  When  we  left  Matanzas,  about  the  middle 
of  June,  for  the  United  States,  I  do  not  think  there  was  any  appear- 
ance of  piracy  remaining  in  that  quarter,  and  a  sufficient  force  was  left 
there  to  keep  it  down.  Two  small  schooners,  the  Ferret  and  the 
Terrier,  were  left  under  the  command  of  Lieutenants  Farragut 
.and  Paine,  with  a  barge,  to  look  after  pirates,  and  to  keep  open  the 
communication  between  Thompson's  Island  and  Cuba.  In  the  then 
state  of  things,  I  thought  that  force  as  competent  to  effect  the  object 
as  a  larger  one  could  have  been.  I  think  such  was  the  disposition 
and  feeling  of  the  officers,  that  if  any  course  had  suggested  itself  as 
calculated  to  effect  the  suppression  of  piracy,  it  would  have  been 
mentioned  to  Commodore  Porter  :  but  none  better  calculated  to  at- 
tain that  end,  was,  as  I  believe,  thought  of.  1  believe  that  it  was 
the  universal  opinion  of  the  officers,  that  the  force  under  the 
command  of  Commodore  Porter  could  not  have  been  more  effica- 
ciously employed. 

When  1  returned  to  the  United  States,  the  Sea  Gull  alone  came  ; 
the  two  vessels  mentioned  were  left  there,  and  other  vessels  of  the 
squadron  would  be  occasionally  arriving  at  Thompson's  Island  from 
different  quarters,  where  they  had  been  cruising. 

The  Court  adjourned  till  half  past  ten  o'clock,  to-morrow  morn- 
ing. 

SATURDAY,  MAY  HTH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before.  Alexander  J.  Dallas,  a  Master  Commandant  in  the 
Navy  of  the  United  States,  being  sworn  according  to  law,  says  : 

Q.  In  what  capacity  did  you  serve  in  the  squadron  under  the 
command  of  Commodore  Porter,  and  during  what  period  of  time  1 

Jl.  I  was  Master  Commandant,  in  command  of  the  John  Adams, 
from  some  time  in  November,  1823,  till  the  month  of  February, 
1825,  when  we  arrived  in  the  United  States. 

Q.  On  what  service  were  you  employed  during  that  period  ' 
Produce  such  orders  and  instructions  as  you  received. 

A.  From  February,  1824,  when  we  left  the  United  States,  until 
May  2d,  1824,  when  Commodore  Porter,  with  his  family,  left  the 
John  Adams,  that  vessel  bearing  his  broad  pendant,  had  been  en- 
gaged in  cruising  in  the  West  Indies,  say  from  St.  Barts  to  Key 
West,  running  down  through  the  islands.  The  particular  object  of 
this  cruise  was  the  destruction  of  all  the  pirates,  and  piratical  es- 
tablishments, as  well  on  the  ocean  as  on  shore,  that  we  could  meet 
with.  The  letter  from  Captain  Porter  of  April  8th,  1824,  contains 


a -correct  history  of  thn.  cruise  till  its  date.     In  that  letter, 
dore    Porter  speaks  of  a  -in. til  '•chooner  which  had  taken  shelter 
among  the  Colorado-  _:  the  onl\  -'i-p1.- 

•  haracter  which  \ve  -aw  .luring  the  period  of  time  that  he  was 
with  me.  1  will  '•t.Uc  the  circumstances  which  occurred  in  relation 
to  her. 

On  uiakinu;  the  schooner,  the  Commodore  at  once  pronounced  her 
ib  be  ot'ii  pira'K.d  ch.iracter,  and  >  MO  to  hcil  into  tin- 

and  to  prepare  two  quarter  boats  ;  hi-  anxiety  then  induced   him  to 
!  the  mi/en  rii:iin^  ;  on  seeing  her  get  under  weigh,  wv  ran 
the  ship  into  three  i'aihnms  water  on  the  reef.     Finding  it  da: 
ous  to  go  further,  the  boats  were  lowered  down  and  sent  in  pur-nit. 

They  were  absent  some  short  time,  but  finding  the  schooner  U;N 
getting  away  from  them  they  were  recalled.     On  tlu-ir  return  to  the 
ship,  we  made  sail  in  company  with  the  convoy,  a-  many  a«  ten  or 
twelve  ve--el-.  and  proceeded  to  Thomp-on's  i-land.      Imtnediali  ly 
on   our  arrival  at  the  island,  »n  expedition  was  fitted  out  under  the 
command  of  Captain    \\ilkinaon,   composed   of  the   Sea    (mil   and 
three  barges,  two  of  which  were  manned  and  otlicered  from  tin-  Johu 
Ad. mi-.     They  were  directed  to  proceed,  as  I  under-too.l,  in  -• 
of  the  vessel  we  had  seen  at  the  Color, 
erable  absence,  they  returned  without  having  been  able  to 
vessel.      But  with  inform. ition  from  the  shore  of  her  piratical  char- 
acter.    Captain  Wilkinson's  report  of  the  expedition  is  dated  April 
21,  l;',  Jl.     Miortly  after  their  return,  I  was  directed  to  _ 
uei^h  and  proceed  to  M atanzas.     The  Commodore  and  In-  family 
still  on  board.      Oil"  Matan/as  on  l\i<-  Znd  May,  1  received  the  order 
of  that  date,  fread  and  annexed.)     Lieutenant  Lee,  in  company  with 
Lieutenant  Lcurire  in  the  Jackall  and  Wild  Cat,  in  < 
tin?  failure  of  tiie  expedition  sent  after  the  schooner,  and  the  infor- 
m  ition  communicated  by  Captain  \Vilkin*on  of  which  I  have  epokrn, 
were  de<p  itche.  I  by  the  C.'o-nrno.lore  (,,  Cape  Catouche  wfiere   the 
-  aid  -chooner  was  supposed  to  have  «ailed  to  tit  out.      Alter  per- 
forming the  duties  assigned  to  them,  Lieutenant  Lee  in  the  Jackall, 
wa-  to  join  me  at  any  point  in  the  (iulf  of  Mexico  which  I  mi^ht  di- 
rect.    1  think  I  directed  him  to  meet  me  at  Alvarado.      A-  r< 
to  the  cruise  directed  in  my  orders  of  !er-  were. 

fully  performed,  with  the  exception  of  touching  at  Campeachy  ;  my 
reasons  for  not  goin^  there  were,  that  I  uued  that  my  \ 

would  be  obliged  to  anchor  about  25  miles  from  the  land,  and  (he 
.lackall  was  about  going  there,  which  I  considered  as  supercedin^ 
the  necessity  of  my  visiting  that  place.  I  therefore  crossed  the 
hank  of  Yucatan,  and  went  down  to  Tampico,  going  as  near  to  Cape 
Cartouche  as  I  could. 

I  remained  a  very  short  time  at  Tampico,  about  three  day,  when 
i  -ailed  for  Vera  Cruz.     I  arrived  at  about  9  o'clock  off  the  • 

Juan  de  L'lloa,  and  hove  to  for  the  ni^ht.  In  the  morning 
finding  that  a  strong  current  had  carried  me  con-ideraldy  to  the 
•\i-tward,  I  concluded  to  stop  off  Alvarado,  where  I  remained  >-o:ne 


56 

few  days.    At  each  ofthese  places  that  I  visited,  I  offered  convoy  to 
American  vessels,  but  there  were  none  at  the  time  who  required  itv 

1  left  Alvarado  in  a  few  days,  and  proceeded  to  the  island  of 
Sacrifices,  near  Vera  Cruz.  Finding  nothing  to  detain  me  there, 
after  remaining  about  thirty  six  hours,  I  returned  to  Tampico.  On 
my  route  to  Alvarado,  I  fell  in  with  Lieutenant  Lee,  whom  I  left  at 
that  place. 

On  my  last  visit  to  Tampico,  I  remained  eight  or  ten  days,  and 
received  on  board  from  Mr.  Robinson,  then  partner  of  the  American 
consul,  and  since  holding  himself  that  office,  $  104,000  in  specie,  of 
this  about  $  70,  000  was  destined  to  Philadelphia,  and  the  residue 
to  be  delivered  at  Havana.  After  receiving  that  money  on  board, 
and  not  considering  my  cruise  as  having  expired,  I  sailed  for  Vera 
Cruz,  when  I  met  with  a  small  English  brig  of  war,  from  which  I 
received  information  of  some  piratical  acts  that  had  been  committed 
near  a  lake  called  Terminos,  on  the  main  near  the  head  of  the  Gulf, 
where  it  was  said  that  pirates  had  retreated  after  making  a  capture. 
On  receiving  this  information,  I  immediately  got  under  weigh  and 
proceeded  to  Alvarado,  where  1  requested  of  the  commandant  of 
marines  one  of  the  Mexican  gunboats  as  a  loan,  not  having  myself 
any  small  vessel,  and  the  draught  of  the  John  Adams  being  too  great 
to  permit  my  approach  to  the  lake.  He  loaned  me  the  boat,  when 
1  officered  and  manned  her.  The  second  night  after  sailing  from 
Alvarado  towards  the  lake,  the  gun  boat  in  company,  the  wind  blow- 
ing fresh,  I  was  informed  by  Lieutenant  Grimke,  who  was  in  com- 
mand of  her,  that  the  mast  was  sprung.  On  examination  I  found 
ruyself  obliged  to  return  with  her  to  Alvarado,  where  I  delivered 
her  over  again  to  the  commandant  from  whom  I  had  procured  her ; 
requesting  our  consul  Mr.  Taylor,  in  case  he  found  that  the  accident 
had  occurred  while  the  boat  was  in  our  possession,  to  have  it  repla- 
ced. 

Having  thus  lost  so  much  time,  and  aware  of  the  impossibility  of 
doing  any  thing  with  the  John  Adams  alone,  from  her  being  unable 
to  approach  the  shore,  I  concluded  that,  as  the  time  had  expired 
which  had  been  allowed  for  my  cruise,  to  return  to  the  Havana  ; 
1  arrived  at  Havana  July  12th,  and  sailed,  I  think,  on  the  15th,  for 
Matanzas,  where  I  expected  to  receive  orders  from  Commodore 
Porter.  I  got  my  orders  there,  directing  me  to  proceed  immedi- 
ately to  New-York.  On  receiving  these  orders,  I  wrote  to  him  the 
letter,  (read  and  annexed,)  and  sailed  for  Philadelphia,  where  I  ar- 
rived about  the  26th  of  the  same  month.  After  refitting  at  Phila- 
delphia, and  the  ship  being  reported  ready  for  sea,  an  order  was 
received  from  Commodore  Barron,  directing  me  not  to  proceed  to 
pea  until  further  orders.  An  order,  dated  October  22d,  from  Com- 
modore Porter,  was  received,  directing  me  to  be  ready  to  proceed 
immediately  to  sea  on  his  joining  the  ship. 

The  day  after  receiving  the  order,  late  in  the  evening,  Commo- 
dore Porter  arrived  at  Newcastle  ;  early  the  next  morning  he  came 
on  board,  and  we  proceeded  to  sen.  We  arrived  at  St.  Baitholo- 


67 

mews  early  in  November.  After  remaining  there  a  short  time  we 
proceeded  to  St.  Thomas  ;  from  thence  to  Passage  l-land  ;  and 
thence  to  FaxanJo,  where  the  circumstance  happened,  \vli:<  h  I 
have  already  fuUy  detailed.  From  thence,  we  coasted  Ibe  Islands 
down,  examining  all  the  places  that  were  suspicion!},  or  which  we 
supposed  might  shelter  pirates  of  any  description — particularly  tin-. 
Island  of  Culia,  where  I  do  not  think  that  from  Cape  Ma/.e,  on  the 
easternmost  end  to  the  Isle  of  Pines,  and  the  Jardines  on  the  south 
side  at  the  west  end  of  Cuba,  there  was  a  single  creek,  inlet  or  hay, 
ot  any  si/e  or  description,  which  was  not  carefully  examined.  The 
ship  being  during  the  day  from  a  mile  and  a  half  to  two  miles  from 
the  shore,  and  the  boats  constantly  engaged  in  the  examination. 
From  thence  we  proceeded  to  the  Dry  Tortugas,  anchoring  among 
them,  and  remained  there  two  or  three  days.  Thence,  we  pro- 
ceeded to  Thompson's  Island.  After  being  some  time  at  Key  West, 
we  received  a  report  that  some  piracies  had  been  committed.  An 
expedition  w:is  fitted  out,  consisting  of  two  barges,  manned  and  of- 
ficered from  the  John  Adams,  and  under  the  command  of  Lieute- 
nant Grirake.  These  boats  left  Thompson's  Island  and  joined  the 
Sea  Gull,  on  board  ot  which  was  the  Commodore,  at  Havana.  On 
board  the  Sea  Gull  was  also  a  part  of  the  marine  guard  of  the  John 
Adams.  Previous  to  the  return  of  the  boats,  Commodore  Porter 
had  received  orders  from  the  Navy  Department  to  return  to  the 
United  States.  He  selected  the  John  Adams  to  return  in.  \\  «• 
were  detained  until  some  time  in  February,  in  consequence  of  the 
absence  of  (he  man  arid  officers  of  the  John  Adams  ou  tin'  above 
expedition.  We  sailed  in  February,  and,  towards  the  end  of  that 
month,  arrived  in  Hampton  Koads. — One  of  the  boats,  officered  and 
manned  from  the  John  Adams,  did  not  rejoin  us,  previous  to  our 
sailing  for  the  United  States. 

Q.  During  your  being  in  the  John  Adams,  under  the  command 
of  Commodore  Porter,  did  yon  carry  on  freight  any  other  specie 
than  what  you  have  already  mentioned  .' 

.?.  None. 

Q.  Was  that  specie  shipped  entirely  by  American  merchants  ? 

Jl.  It  was  shipped  by  Mr.  Robertson,  an  American,  and  now 
American  Consul  at  Tampico. 

Q.  What  premium  or  freight  was  received  on  account  of  such 
transportation,  and  how  was  it  appropriated  ? 

A.  \  believe  there  was  $1899  99  received  for  the  freight,  the 
third  of  which  was  paid  to  Commodore  Porter — the  residue  was 
my  own.  The  portion  paid  to  the  Commodore  was  paid  pursuant 
to  the  general  custom — not  asked  or  exacted  by  him. 

Q.  Was  any  time  consumed  at  the  place  where  this  specie  wa- 
received — on  the  passage,  or  at  the  port  of  delivery — in  conse- 
quence of  your  vessel  being  engaged  in  transporting  specie, 
which  would  otherwise  have  been  devoted  to  the  suppression  of 
piracy  ? — or  was  the  vessel  in  any  respect  diverted  from  the 
••oiirse  which  she  would  have  pursued,  had  she  not  rarried  specie. 

8 


58 

Jl.  No  ;  the  only  variation  was,  that  the  John  Adams  went  into 
the  port  of  Philadelphia,  instead  of  Npw-York. 

Q.  Did  you  at  any  time,  when,  and  under  what  circumstances, 
deviate  from  the  course  you  would  otherwise  have  pursued,  for  the 
purpose  of  taking  on  board,  or  carrying  specie  ? 

A.  In  no  case.  On  the  contrary,  it  was  mentioned  to  me,  that  if 
I  would  wait  at  Tampico,  or  would  return  there,  a  much  larger  sum 
of  money  would  be  ready  for  me  to  carry.  I  have  no  doubt  that, 
had  I  remained  there,  I  should  have  carried  a  great  deal  of  specie.  A 
large  convoy  was  expected  down,  and  anxiety  was  expressed  that  I 
should  remain  to  take  the  money. 

Q.  Independently  of  the  carrying  of  specie,  did  the  general  pro- 
tection of  the  commerce  of  American  citizens,  and  the  suppression 
of  piracies,  require  the  presence  of  the  vessels  of  the  squadron  in 
the  Gulf  of  Mexico,  as  frequently  as  they  were  sent  there  ?  and  at 
the  places  to  which  they  were  sent? 

A.  I  have  no  doubt  that  it  was  so  :  numerous  instances  occurred, 
such  as  the  capture  and  detention  of  American  vessels  and  proper- 
ty, requiring  the  interposition  of  public  vessels.  About  the  time 
of  my  first  arrival  at  Alvarado,  the  Spark  gave  convoy  to  a  number 
of  vessels,  having  on  board  specie,  to  the  amount  of  more  than  half 
a  million  of  dollars. 

Q.  Were  the  vessels  of  the  squadron  serving  under  Captain  Por- 
ter in  the  habit  of  giving  convoy  to  merchant  vessels  belonging  to 
the  United  States  ? 

Jl.  Their  instructions  were  to  offer  convoy  on  all  occasions,  and  it 
was  always  done  when  required,  without  leaving  at  too  great  a  dis- 
tance the  ground,  where  the  vessels  were  directed  to  cruise. 

Q.  Was  everything  done  by  the  squadron  under  Captain  Porter's, 
orders  that  could  be  done,  to  the  best  of  your  knowledge  and  be- 
lief, to  suppress  piracy  ? 

A.  So  far  as  my  knowledge  extends,  every  thing  was  done  that 
could  be  done  :  no  report  of  piracy  being  committed  any  where 
reached  us,  but  that  Commodore  Porter  endeavoured  to  despatch  a 
competent  force  to  the  place. 

Q.  Is  there  any  other  matter  relating  to  this  inquiry,  of  which 
you  possess  any  knowledge  ?  If  so,  state  it  fully  to  the  Court. 

A.  \  do  not  recollect  any  thing  further  that  is  material. 

Captain  William  B.  Finch,  again. 

Q.  Did  you  derive  any  advantage  from  the  transportation  of 
specie,  by  any  part  of  the  squadron  under  the  command  of  Captaiu 
Porter  ? 

A.   I  did  not. 

Q.  Could  you  be  personally  benefited  by  such  transportation  in 
the  situation  which  you  held  ? 

A.  I  presume  not :  the  money  received  for  such  transportation, 
bring  divided  between  the  Captain  of  the  vessel  by  which  it  was 
craried  and  the  Commodore  of  the  Squadron,  I  had  no  concern  in. 
it  of  any  kind. 


^.  Ir  there  any  other  matter  relating  to  this  inquiry,  of  which 
you  |  iv  knowledge  ?  If  so,  state  it  fully  to  the  Court. 

A.  1  know  of  no  hing  further  that  i-  material,  unless  it  may  be  the 
letters  here  presented  from  me  to  him,  (read  and  annexed.) 

Stephen  Casein.  *  Captain  in  the  Navy  of  the  United  State*,  being 
duly  --worn  according  to  law,  deposes  and  says  : 

(<>.  In  what  raparity  did  you  «erve  in  the  squadron  under  the 
command  of  Captain  Porter,  and  between  what  periods  ? 

.•].   I  was  a  Master  Commandant,  commanding  the  Peacock  from 
January  1823,  with  Commodore  Porter  on  board,  carrying  hi-  lu-oad 
pendant,  and  continued  so  lor  some  months.     After  In:  It- ft  tin-  IV  •- 
cock,  and  -hifted  his  broad  pendant  to  the  Sea  Gull,  I  continued  in 
iand  of  the  Peacock  till,  1  think,  December,  1: 
(>n  what  particular  service  wore  you  employed  (faring  that 
I  .'     Produce  such  orders  and  instructions  as  you   received, 
relating  in  any  manner  to  (lie  subject  of  this  investigation. 

J     I  wont  (-IT-!,, ill  \  I     lea  in  company  with  the  Shark,  the  • 
vmall  •choooeje,  the  <m-\hound.  I  Terrier,  Wild-cat, 

ret,  Wea/.el,  \'»\,  .'ac!<:;ll.  att  i> -lied  I ..  tin-  -qtndron,  the  Decoy 
.-hip,  and  the  -team  (ialliot  the  Sea  (!ull.  NVc  proceeded  to  St. 
Thomas,  the  place  of  r< •'.-  It -/.\  "n> — we  remained  there  u  day  or 
two.  The  Commodore  despatched  two  or  three  of  the  schooners 
lo  proceed  down  the  south  side  of  Porto  Kim,  to  examine  the 
cn-ck-  and  inlets  on  that  coa-t.  The  remainder  of  the  squadron 
went  down  i lie  north  -ide  of  the  t«land,  and  communicated  with  the 
shore  of  the  island  of  Porto  Rico.  Thence  we  proceeded  to  \ 
dilla,  anchored  an, I  took  in  water.  The  Peacock  then  proceeded 
down  the  old  Bahama  Sir.ii^lit-  in  company  with  some  of  the  small 
schooners  engaged  in  the  search  after  pirates,  and  the  examinati.'ii 
of  the  coast.  After  making  the  south  side  of  Cuba,  we  hauled  over 
to  Key  Verd,  when-  it  was  supposed  some  pirates  were  lurking;  but 
finding  none,  return",!  over  to  the  Cuba  coast,  proceeded  down  the 
old  Straights,  occasionally  coming  to  an  anchor  at  night,  keeping 
near  the  shore  in  the  day  time,  engaged  in  the  examination  of  the 
and  continued  down  till  wo  arrived  at  Sugar  K--\,  win-re  we 
anchored  near  the  shore.  We  here  found  two  I5nli-h  rnen-ot' -w  ir 
«lso  engaged  in  the  same  ohject,  with  whom  we  communicated.  By 
the  orders  of  the  Commodore,  we  got  our  boat-  out,  manned  with 
eighty  men.  and  commanded  by  three  Lieutenant-,  proceeded  down 
in  company  with  two  schooner-  inside  of  the  reel,  ex.imining  the 
nooks  and  corners  for  pirates,  and  after  thi?  procci •,!(•, I  to  M;itan/.as 
and  joined  the  ship.  The  vessel  was  engaged  during  the  s  ,n  e 
time  in  examining  and  coming  to  an  anchor  at  night.  At  .Matan/as 
we  watered.  In  the  mean  time  boats  were  sent  out  on  an  expedi- 
tion to  Hidden  Harbour,  where  it  w.,s  supposed  there  were  some 
pirate?,  hut  they  returned  without  finding  any.  During  their  cruise 
the  service  was  extremely  arduous,  the  men  much  exposed  to  tin-  snu 
I'V  d.iy,  and  heavy  duo*  at  night,  with  few  or  no  comforts;  and  were 
much  exhausted  by  the  incessant  and  severe  fatigue.  We  proceeded 


60 

to  Key  West  in  the  Peacock — the  remainder  of  the  Squadron  was 
despatched  in  different  directions,  giving  convoy,  and  searching 
for  pirates  in  various  quarters  We  arrived  at  Thompson's  Island 
about  the  beginning  of  April.  Immediately  after  anchoring,  we  com- 
menced fitting  out  and  preparing  barges,  and  were  employed  in 
various  other  duties.  After  the  barges  were  fitted,  I  was  directed 
to  proceed  with  two  of  them  of  the  largest  class,  and  about  eighty 
or  ninety  of  my  men,  and  two  schooners  (the  Peacock  having  been 
laid  up;  to  the  Havana.  Off  that  place  J  communicated  with  the 
shore,  and  obtained  information  of  a  pirate  having  been  off  the  Moro 
a  day  or  two  previous,  committing  depredations  upon  American 
and  other  vessels.  It  was  understood  to  be  a  fast  sailing  schooner, 
the  Pilot,  formerly  of  Norfolk,  which  had  been  captured  off  the 
coast,  and  fitted  out  by  the  pirates.  I  made  arrangements  with 
Lieut.  Stribling  to  go  in  search  of  him,  and  in  the  mean  time  I  re- 
mained at  anchor  off  the  Moro,  for  the  purpose  of  affording  protec- 
tion to  some  vessels  which  were  to  sail  the  next  day.  Lieutenant 
Stribling  proceeded  after  the  pirate  and  captured  her — as  his  report 
will  shew.  The  next  morning  the  fleet  came  out.  I  got  under 
weigh,  and  proceeded  convoying  them  till  I  fell  in  with  Lieut.  Skin- 
ner in  the  Wild  Cat,  under  whose  charge  I  left  them,  and  proceed- 
ed to  rejoin  my  boat,  which  I  fell  in  with  about  three  o'clock  in 
the  afternoon,  with  the  Pilot  in  company — took  the  barges  in  tow  ; 
directed  Lieut.  Stribling  to  continue  on  board  the  Pilot  with  a 
number  of  men.  We  returned  to  Havana,  where  I  sent  him  in  for 
\vater  On  his  return  we  proceeded  in  obedience  to  our  orders  to 
Cayo  Blanco,  and  continued  our  searches  in  that  neighbourhood — 
proceeded  down  towards  Cape  Antonio,  going  about  twenty  or 
twenty-five  miles  a  day,  with  the  barges  sounding  ahead,  examin- 
ing the  coast,  through  an  exceedingly  intricate  navigation.  Pro- 
ceeded to  Cape  Antonio,  and  examined  every  nook  and  corner  in- 
side of  the  reef  and  Pirate  Bay — famous  places  of  resort  for  pirates. 
In  running  down  this  distance,  I  captured  a  sloop  boat  and  a  feluca, 
boat,  which  had  been  deserted  on  reaching  the  beach — landing  oc- 
casionally. 1  fuw  several  wrecks  of  vessels  that  had  been  burned. 
During  the  whole  period  the  men  suffered  extremely,  particularly 
from  the  fatigue,  exposure,  and  want  of  water,  which  we  found  it 
impossible  to  procure. 

During  the  tune  that  I  was  engaged  iu  this  expedition,  another  was 
out  under  the  immediate  command  of  the  Commodore,  in  a  differ- 
ent direction,  with  which  it  was  designed  that  I  should  co-operate. 

Previous  to  my  going  through  the  Colorados  reef,  the  British 
had  attempted  it  with  two  small  schooners,  but  were  obliged  to 
abandon  the  attempt  as  impracticable.  After  remaining  in  that  neigh- 
bourhood 1  proceeded  to  Thompson's  Island,  where  I  resumed  the 
command  of  the  Peacock,  and  made  the  report  of  the  28th  April, 
which  has  been  read. 

The  Court  adjourned  till  half  after  ten  o'clock,  on  Monday 
morning. 


61 

MONDAY  MORNING,  MAY  16™. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday  :  present 
as  before.  Master  Commandant  \Villiam  B.  Finch,  again  called. 

Q.  During  the  time  you  were  with  the  squadron  under  Captain 
Porter,  was  it  generally  believed  and  understood  that  reports*  were 
circulated  of  piratical  acts,  which  had  no  foundation  in  truth,  for 
the  purpose  of  distracting  the  attention  of  the  squadron,  or  for 
any  other,  and  for  what  purpose  ? 

Jt.  I  am  under  the  impression  that  many  such  reports  were  cir- 
culated that  had  no  foundation  in  fact  :  the  distracting  of  the  atten- 
tion of  the  squadron  would  be  a  very  probable  motive  for  raising 
them,  but  I  cannot  of  course  speak  positively  as  to  the  object  de- 
signed to  be  answered.  I  am  also  of  opinion,  that,  had  we  possess- 
ed ten  times  the  force  we  did,  it  would  have  beeu  impossible  to  act 
upon  all  these  reports,  or  to  answer  all  the  demands  that  were  made. 

({.  How  many  well  authenticated  instances  of  piracy  do  you  re- 
collect to  have  occurred  while  you  were  with  the  squadron,  and 
what  was  done  in  those  instances  ? 

.1.  I  recollect  but  one  which  occurred.  It  was  in  the  neigh- 
bourhood of  Matan/.as.  Lieut.  Voorhees  was  despatched  immedi- 
ately in  pursuit  of  the  piratical  vessel  in  the  Sea  Gull,  and  succeed- 
ed in  capturing  her  in  the  course  of  a  few  hours. 

Q.  Do  you  know  any  thing  of  an  Englishman  who  keeps  a  ferry 
in  the  neighbourhood  of  Matan/.;i-,  and  had  you  the  means  of  know- 
ing whether  that  ferry  was  much  used  by  pirates,  or  those  having 
intercourse  with  them  ? 

J.  I  know  the  man,  and  was  several  times  at  his  house  :  never 
hoard  of  any  such  thing.  Commodore  Porter  and  his  family  re- 
sided at  the  place  for  some  two'or  three  weeks.  It  was  in  the 
month  of  May  and  June,  1824,  that  I  was  there,  and  that  Commo- 
dore Porter  resided  there. 

Q.  Had  you  the  superintendance  of  the  granting  convoy  ?  State 
the  circumstances  under  which  it  was  usual  to  grant  it  ;  and  what 
was  done. 

J.  That  duty  devolved  on  me  at  Matan/.as.  The  object  was  to 
see  vessels  off  which  were  leaving  the  port,  and  those  into  port 
which  were  coming  there.  It  was  usual  almost  daily  for  some  of 
the  squadron  to  go  out  with  those  which  sailed  in  the  morning, 
when  the  wind  suited,  and  to  return  in  the  evening,  with  snrh  a- 
were  arriving.  In  some  instances  convoy  was  offered,  but  refused, 
rather  than  delay  till  all  the  vessels  were  ready  to  proceed. 

Captain  Stephen  Cassin — in  continuation. 

On  the  10th  May  sailed  for  Havana,  in  the  Peacock,  where  we 
arrived  on  the  llth,  and  watered.  On  the  14th  sailed  for  \  rra 
Crux,  in  pursuance  of  the  special  orders  of  the  date  of  May  7th, 
1823,  read  and  annexed,  and  arrived  on  the  21st  of  the  same  month. 
Oil  the  20th  June  sailed  for  Tampico,  and  remained  there  till  July 


9th.  During  these  passages  I  gave  chase  to  and  overhauled  every 
auspicious  vessel.  While  in  port,  I  considered  that  my  presence 
was  useful  to  the  American  commerce  in  that  vicinity — being  the 
orvly  American  armed  vessel  in  that  neighbourhood,  during  a  consi- 
derable.part  of  the  time.  July  9th,  sailed  for  Thompson's  Island, 
and  arrived  there  on  the  22d  of  the  same  month.  August  4th,  sail- 
ed for  the  Havana — arrived  there  on  the  5th,  and  remained  there 
till  the  Olh,  when  I  sailed  for  Thompson's  Island,  and  arrived  there 
on  the  10th.  From  the  10th  Ausust,  till  September  16th,  remain- 
ed at  Thompson's  Island,  during  which  period  the  officers  and  men 
were  daily  engaged  in  operations  on  shore — many  of  (hem  taken 
with  the  yellow  fever,  and  died  daily.  Commodore  Porter  was 
himself  ill  with  the  fever,  and  it  was  judged  proper  to  send  the 
Peacock  to  the  United  States,  in  company  with  the  John  Adams  : 
arrived  at  Norfolk  October  1st. 

Captain  Cassin  produced  some  orders  which  he  received,  which 
were  read  and  annexed. 

Q.  While  under  the  command  of  Captain  Porter,  did  you  carry 
any  money  on  freight  ? 

Vl.  I  did.  I  took  on  hoard  at  Tampico  and  Vera  Crux,  altoge- 
ther, about  130  or  140  thousand  dollars.  The  greater  part  was 
landrd  at  the  Havana  ;  the  residue,  about  18  or  20  thousand  dol- 
lars, was  sent  home  from  Havana,  in  some  of  the  small  vessels  of 
the  squadron. 

Q.  Was  it  shipped  by  American  merchants,  or  by  whom  ?. 

A.  It  was  shipped  by  Mr.  Robinson  and  Mr.  Taylor,  American 
Asrents  at  Tampico  and  Vera  Cruz.  I  do  not  know  who  owned  it ; 
these  were  the  persons  with  whom  the  business  was  transacted. 

Q.  What  premium  or  freight  was  received  for  such  transporta- 
tion in  the  Peacock,  and  how  was  it  appropriated  ? 

A.  It  was  H  or  2  per  cent.  One  third  of  the  nett  proceeds  wag 
paid  the  Commodore — :the  rest  retained  by  me. 

Q.  Was  any  time  consumed  at  the  place  where  the  specie  was 
shipped — on  the  passage,  or  at  the  port  where  the  Peacock  deli- 
vered it — in  consequence  of  her  being  engaged  in  the  transportation 
of  «pecie,  which  could  otherwise  have  been  specially  devoted  to 
the  suppression  of  piracy  ? 

A.  I  was  at  Vera  Cruz  during  a  very  unsettled  period,  and  waited 
there  for  some  time  for  the  purpose  of  taking  specie  on  board,  but 
I  considered  the  protection  afforded  to  American  commerce  was  as 
great  and  as  important  ;is  if  I  bnd  been  engaged  in  cruising. 

Q.  Independently  of  the  carrying  of  specie,  did  the  general  pro- 
tection of  American  commerce  and  property,  and  the  suppression 
of  piracy,  require  the  presence  of  the  vessels  of  the  squadron  in 
the  Gulf  of  Mexico  as  frequently  as  they  were  sent  there,  and  at 
the  places  to  which  they  were  sent  ? 

.?.  1  think  so  certainly. 

(j.  Were  the  vessel*  of  the  squadron  in  the  practice  of  afford in^ 
convoy  to  American  vessels  ? 

Jl.   Ahvnvf. 


63 

Q.  Was  every  thing  done  by  the  squadron  to  suppress  piracy, 
which  you  conceive  could  Live  IH-CM  done  to  attain  tint  object} 

./.    Lveiv tiling  I  u.i«  done  which  could  be  don.  . 

(^.   !  my  other  mailer  relating  to  the  -,ul>ject  under  \n\ 

libation  uhi«:h  you  deem  material  '.  If  ?o,  state  it  fully  to  the 
Court. 

J.  Thore  is  nothing. 

(^.  During  the  time  that  you  were  under  the  command  of  Cap- 
tain Porter,  h. id  you  rea-on  to  t>e!n.i\e  that  report-  were  circulated 
in  the  \\e-t  Indie.,  of  piratical  acts  which  were  known  to  have  no 
foundation  in  truth  .' 

./.  I  believe  such  unfounded  reports  were  numerous.     I  have  no 
doubt  many  were  got  up  for  the  purpose  of  drawing  the  attention  of 
,'iadron  from  places  where  the  pirates  really  were. 

Francis  H.  Gregory,  a  Lieutenant  in  the  Navy  of  the  United 
:>  according  to  law,  do  poses  and  says: 

U.  In  wh;it  i:a;nrity  did  you  serve  in  the  squadron  under  the  com- 
m.ind  of  Captain  Porter,  and  between  what  \><-i-.- 

J.  1  conmnndod  the  (irampus,  joined  the  Commodore  at  Key 
We-t  on  the  .;d  July.  1 ;;.'.;,  and  continued  under  him  till  after  my 
return  to  the  I  its,  in  November,  I :;.'.;.  Previous  to  my 

joining  Commodore  Porter,  I  KM  oat  OD  a  crutM,  having  sailed  from 
New- York  in  December,  1822,  while  Commodore  Porter  was  lit- 
ting  out  his  squadron,  under  the  orders  from  the  Department,  read 
and  annexed  to  the  record. 

(<>.  Oti  what  particular  service  were  you  employed  during  that 
period  .'  Produce  such  orders  and  instructions  as  you  received, 
relating  in  any  manner  to  this  investigation. 

J.  The  (ir.imp.i-  -:nl"d  from  New- York  December  30th,  1823, 
for  M.itan/  ^d  about  the  Grand  H.diarna  U.mk  a  few  days, 

and    arrived    at  Matan/as  January  10th,  I  <•  convoy  from 

thai  port,  and  touched  at  Havana  the  28th;  sailed  the  same  day 
for  the  south  side  of  Cuba  ;  experienced  a  very  severe  gale  from 
the  southward,  was  disabled,  and  driven  into  the  Bay  of  Mexico  ; 
arrived  on  the  19th  February,  at  the  mouth  of  the  Mississippi  ; 
proceeded  to  NVw-Urleatis,  where  I  received  on  board  anewmain- 
ina-t.  Sailed  under  orders  from  (  uor-on,  read  and  annex- 

ed uith  convoy  for  Tobasro.  Left  the  Ixili/o  April  24th  ;  anchor- 
ed on"  the  mouth  of  the  Tobasco  :  sailed  the  7th  for  Vera 
Cm/.,  with  convoy  ;  Oth  parted  from  the  convoy,  and  proceeded  di- 
rectly to  Campeachy  ;  continued  cruising  and  ^iv m<;  convoy  upon 
that  coa*U  until  want  of  provisions  forced  me  to  go  to  Havana,  where 
I  arrived  June  27th,  and  met  the  Wild  Cat,  Lieutenant  Skinner,  uith 
whom  1  proceeded  to  Thompson's  Island.  A  tleet  of  merchantmen 
left  Havana  in  company  with  us.  July  3d,  arrived  at  Thompson^ 
Island,  where  I  received  Commodore  Porter's  instructions,  dated 
May  1C,  read  and  annexed,  being  the  first  communication  I  bad 
received  from  him.  July  5th,  was  despatched  after  a  pirate  ;  went 


64 

to  Key  Vacas,  and  returned  on  the  10th  to  Thompson's  island.  I 
received  orders  to  proceed  to  Matanzas  ;  sail  d  on  the  16th  with  a 
barge.  On  the  19th,  despatched  the  barge  with  one  of  the  boats  of" 
the  Grampus,  off  Point  Yaco,  before  entering  the  harbour,  to  cruise 
among  the  Keys,  and  went  into  Matanzas.  Between  the  20th  and 
25th  July,  Lieut.  Platt  joined  me  from  Thompson's  island,  with  a 
barge  ;  sent  him  the  same  day  to  windward,  to  cruise  for  pirates. — 
Continued  giving  convoy,  watching  every  suspicious  vessel  in  the 
harbour,  of  which  there  were  several,  and  keeping  the  barges 
cruising  along  the  coast  to  windward  and  leeward,  until  relieved  by 
Commodore  Porter's  order  of  the  16th  September.  While  at  Ma- 
tanzas, received  Lieut.  Freelon's  report  of  his  proceedings  with 
the  barges,  (read  and  annexed,)  and  a  letter  from  the  merchants  of 
Matanzas,  (read  and  annexed.) 

On  the  13th  October,  left  the  island  of  Cuba.  At  that  time  the 
Porpoise,  Wild  Cat,  Hornet,  and  Jackall,  were  upon  the  coast,  at 
Matanzas  or  Havana.  Arrived  at  Tampico  October  1 9th,  on  the  20th 
•was  taken  down  with  the  yellow  fever.  Sailed  the  24th  with  26 
on  the  sick  list  ;  reached  Havana  on  the  6th  or  7th  November, 
and  sailed  on  the  12th  for  Norfolk.  While  at  Matanzas,  the  Wild 
Cat,  Lieutenant  Walbert,  arrived  from  the  United  States.  The 
Terrier  or  Ferret,  Lieutenant  M'Kean  ;  the  Jackall,  Lieutenant 
Oellers  ;  Lieutenant  Ritchie  in  the  Fox,  Lieutenant  Newton  in  the 
Beagle,  Lieutenant  Kennon  in  one  of  the  small  schooners,  all  touch- 
ed at  Matanzas,  offering  convoy,  and  in  several  instances  sailing  with 
convoy  ;  but  which  particular  vessels,  or  the  precise  periods  of 
their  arrivals  and  departure  I  cannot  recollect.  All  however  oc- 
curred between  the  19th  September  and  the  3rd  of  October,  the 
day  on  which  I  left  Matanzas  for  the  last  time. 

Independently  of  the  written  instructions  received  from  Commo- 
dore Porter  when  I  was  going  to  Matanzas,  I  received  also  verbal 
instructions,  in  which  he  slated  the  importance  of  the  point,  the 
necessity  for  great  activity  and  vigilance,  and  was  directed  to  com- 
municate to  him  in  all  cases  of  necessity. 

Q.  While  under  the  command  of  Captain  Porter,  did  you  carry 
on  freight  any,  and  what  amount  of  specie  ? 

A.  When  1  left  Havana  for  the  United  States,  there  was  about 
six  or  seven  thousand  dollars  put  on  board  by  the  American  Consul 
at  Havana,  belonging  to  a  merchant  of  Baltimore,  which  I  landed  at 
Norfolk,  and  deposited  in  the  Bank  of  the  United  States  at  that 
place.  My  proportion  of  the  freight  amounted  to  about  eighty  or 
ninety  dollars,  was  given  to  the  Orphan  Asylum  of  Philadelphia, 
the  residue  was  paid  to  the  Commodore  :  that  was  all  the  money 
that  was  ever  shipped  on  board  the  Grampus  in  any  foreign  port 
during  about  27  months  that  1  commanded  her. 

Q.  Did  any  instances  occur  in  which,  by  delaying  your  sailing  or 
varying  from  your  course,  opportunities  would  have  occurred  to 
carry  specie  on  freight  ? 

A,  When  I  left  the  Balize  under  the  orders  of  Captain  Patterson, 


65 

he  tmve  me  verbal  instructions  to  go  to  Tampico  by  the  15th  May, 
stating  that  there  would  be  considerable  sums  of  specie  there  by 
that  time,  and  that  he  would  make  arrangement*  about  it.  On  my 
arrival  oft"  the  coast  of  Campearhy,  I  found  <everal  American  \ . 
there  in  a  great  deal  of  alarm;  the  Captain  of  one  of  them  had  been 
murdered  by  the  pirates.  In  consequence  of  the  defenceless  state 
of  the  commerce,  1  determined  not  to  go  to  Tampiro,  and  wrote  to 
that  effect  to  the  Consul  there,  and  employe,!  rmself  in  furnishing 
such  protection  as  I  could  afford  to  the  vessels  in  the  neighbour- 
hood. 

In  spite  of  all  my  efforts,  though  I  had  my  boats  out  in  shoal  water 
sometimes  as  far  as  eighty  or  a  hundred  miles  from  the  v. 
they  succeeded  in  several  m-tanccs.  I  received  a  letter  from  Cap- 
tain Patterson,  under  date  of  the  4th  May,  informing  me  he  had 
made  arrangements  by  which,  had  I  gone  to  Tampico,  I  might  have 
taken  on  board  three  or  four  hundred  thousand  dollars.  I  had  a  list 
of  the  ve«-el*  to  which  I  furnished  convoy  at  Campeachy,  amount- 
ing to  more  than  twenty.  While  I  was  at  Campeachy,  1  was  also 
importuned  to  take  on  board  $  40,000,  and  carry  it  to  the  Balize. 
Thi'  I  declined,  as  it  would  interfere  with  my  other  duties.  The 
pirates  were  earning  on  their  depredations,  and  I  considered  it  my 
duty  to  protect  American  commerce  and  look  after  the  pirates. 
While  there,  I  ran  one  vessel  on  shore,  and  took  another,  which  I  de- 
livered up  to  the  authorities  of  the  place. 

ty  Independently  of  the  transportation  of  specie,  did  the  general 
protection  of  American  commerce  and  property,  and  the  suppression 
of  piracy,  require  the  presence  of  the  vessels  of  the  squadron  in  the 
Gulf  of  Mexico  as  frequently  as  they  were  sent  there,  and  at  the 
places  to  which  they  were  sent  ? 

.?.  A*  far  as  my  knowledge  extends,  it  was  so;  there  were  numer- 
fiij-  piracies  committed  along  the  coast  of  Yucatan,  off  Tobasco  and 
Alvarado,  and  apprehensions  were  generally  entertained  by  the 
American  merchants  trading  between  New  Orleans  and  Tampico. 

Q.  Were  the  vessels  of  the  squadron  in  the  practice  of  offering  con- 
voy to  American  vessel 

A.  It  was  their  constant  practice.  I  never  knew  an  instance  of 
its  being  refused. 

<{.   Wa<=  every  thing  done  by  Captain  Porter,  with  the  squadron 
under  his  command  to  suppress  piracy,  which  could  be  done  ? 
\-  l";ir  as  I  kno\v  it  was. 

Q.  Is  there  any  other  matter  relating  to  the  subject  under  inves- 
tigation which  you  deem  material  ?  If  so,  state  it  fully. 

.1.  Nothing  within  my  recollection. 

Thomas  H.  Stevens,  a  Master-commandant  in  the  Navy  of  the 
'Vited  States,  being  duly  sworn,  according  to  law,  deposes  and 
says — 

Q.  In  what  capacity  did  you  serve   in  the  squadron  under  the 
command  of  Captain  Porter,  nnd  between  what  per 
9 


66 

A.  I  commanded  the  Jackall  from  early  in  January,  1823.  to  July 
oth,  of  the  same  year  ;  and  the  Shark,  from  July  25th,  of  the  same 
year,  till  June  10th,  1824. 

Q.  On  what  particular  service  were  you  employed  during  these 
periods  ?  Produce  such  orders  and  instructions  as  you  received, 
relating  to  the  subject  of  this  inquiry. 

A.  During  the  first  part  of  the  time,  I  was  not  cruizing  under 
Commodore  Porter  :  I  received  my  first  instructions  from  him  on 
the  llth  May;  (read  and  annexed.)  The  second  orders  are  of  the 
6th  of  June  ;  (read  and  annexed  ;)  and  the  last  orders,  while  in 
command  of  the  Jackall,  dated  the  18th  June  ;  (read  and  annexed.) 

I  left  Aguada  in  company  with  Captain  Kearney,  on  the  llth  of 
March  ;  ran  down  the  south  side  of  St.  Domingo,  giving  the  coast 
a  strict  and  careful  examination  for  pirates.  From  thence,  we 
stretched  over  to  Cuba,  and  commencing  at  Cape  Maze,  examined 
very  particularly  the  coast  on  the  south  side,  to  Cape  Antonio — hav- 
ing two  boats  frequently  out,  and  particularly  about  the  Bay  of  Cape 
Antonio,  and  arrived  at  Havana  about  the  end  of  March. 

I  went  into  Havana,  and  found  the  alarm  very  great  on  account 
of  pirates  ;  gave  convoy  from  there  on  the  1st  of  April,  to  proba- 
bly fifteen  or  twenty  vessels,  and,  on  the  3d  of  April,  arrived  at 
Thompson's  Island,  and  reported  to  Commodore  Porter.  Captain 
Kearney's  report  of  the  llth  April,  1823,  details  the  events  of  the 
cruize.  On  the  8th,  sailed  again,  in  company  with  the  Fox  and  two 
barges,  with  part  of  the  crew  of  the  Peacock,  under  the  command 
of  Captain  Cassin.  We  arrived  next  day  at  the  Havana,  where 
much  alarm  prevailed  on  account  of  several  captures  made  by  the 
piratical  schooner  Pilot.  On  coming  out  of  the  port  of  Havana,  I 
informed  Captain  Cassin,  then  off  the  harbour,  of  the  great  ex- 
citement prevailing  there,  and  strongly  urged  to  send  the  barges  in 
pursuit  of  the  piratical  vessel.  This  was  done  under  Lieutenant 
Stribling:  the  next  day  he  returned,  having  captured  her.  We 
gave  convoy  Ho  a  large  fleet,  and  then  proceeded  to  leeward,  and 
entered  the  Colorados  at  Cayo  Blanco  ;  commenced  and  continu- 
ed an  unremitting  search  after  pirates,  examining  every  inlet  and 
bay  to  Cape  Antonio.  After  examining  which  most  particularly,  we 
returned  to  Thompson's  Island.  While  within  the  Colorados,  we 
captured  a  large  launch  and  a  fine  falucca,  particularly  adapted  for 
piratical  purposes,  being  manned  and  armed  with  guns  of  various 
calibres.  Drove  the  crews  ashore,  after  an  action  with  them,  and 
destroyed  their  establishment  on  shore,  consisting  of  five  huts.— ^ 
When  we  left  Thompson's  Island,  we  left  Commodore  Porter  pre- 
paring boats  and  men  to  be  despatched  on  the  same  service.  On 
my  arrival  at  Thompson's  Island  on  the  26th  April,  I  careened  and 
repaired  my  vessel,  took  in  provisions,  and  sailed  in  conformity  with 
my  instructions  of  that  date.  I  was  engaged  in  giving  convoy  and  in 
cruizing  to  windward  of  Matanzas  after  pirates,  till  the  5th  June, 
when  I  returned  to  Thompson's  Island,  and  received  my  instruc- 
tions of  that  date.  I  obeyed  these  orders ;  went  to  Havana  and 


07 

M.uan/a*,  cruizing  and  giving  convoy,  and  returned  to  Thompson's 
1-1. UK!  on  the  17th  .Fun.',  where  I  recrivril  niv  orders  <>t  the  18th, 
;md  proceeded  to  the  United  States,  to  \\  ;i-hinnton.  On  the  JlMh 
•filly,  receive.!  orders  to  take  command  of  the  Shark,  at  New-York, 
and  on  the  3d  October  sailed  from  New-^ork,  having  on  board 
Commodore  Kodgers  and  the  surgeons  who  went  out  to  vi>it  Thomp- 
son's Island.  On  the  'J7th  arrived  at  Thompson's  Island  ;  remain- 
ed there  ten  or  twelve  days  ;  proceeded  to  the  Havana  ;  left  there 
November  Cth,  and  arrived  at  Norfolk  on  the  ICih. 

On  the  27th  December,  I  received  my  orders  from  Commodore 
Porter,  of  that  date  ;  sailed  from  Norfolk,  in  pursuance  of  them, 
on  the  31st;  arrived  at  St.  Jago  on  the  7th  January,  1824  ;  ran 
down  the  south  side  of  Cuba  ;  examined,  carefully,  the  coast  to 
Antonio  ;  and,  on  the  20th  January,  arrived  off  Alvarado, 
where  I  landed  the  gentlemen  who  had  sailed  with  me  from  the 
I  "nited  States,  as  the  Agents  of  the  Hank  of  the  United  States. — 
( > .1  my  arrival  at  Alvarado,  1  was  informed  by  the  acting  Vice- 
Con-ul  there,  that  a  I  n_-.'  .mount  of  American  property  was  dclain- 
ed  at  the  Castle  ofSt  Juan  de  I'lloa,  and  that  the  representations  of 
some  naval  commander  were  necessary  to  obtain  restitution  of 
it.  I,  accordingly,  ran  up  to  Point  Li/.ardo,  and  anchored.  I  then 
left  the  vessel  ami  repaired  to  Alvarado,  for  the  purpose  of  inquir- 
ing into  the  business.  Finding  the  statement  of  those  who  made 
the  representations  correct,  I  was  returning  to  Lizardo,  when  a 
heavy  north  wind  compelled  me  to  return.  This  wind  drove  the 
Shark  to  sea,  and  1  did  not  rejoin  her  till  four  or  five  days  after.  I 
then  took  with  me  an  agent  for  the  recovery  of  this  property,  and 
after  arriving  on  board,  addressed  a  letter  to  General  I, amour,  the 
commander  of  the  Castle,  who  immediately  restored  it.  ID  coming 
from  the  Castle,  the  authorities  at  Vera  Cruz  seized  the  property, 
which  made  my  presence  at  that  place  nece«ary.  I  got  under 
weigh,  and  anchored  at  Sacraficios  on  the  llth  March,  and  entered 
into  a  correspondence  with  General  Victoria,  which  eventuated  in 
the  reference  of  the  matter  to  the  Government  at  Mexico. 

Shortly  after  arriving  at  Vera  Cruz,  hostilities  commenced  be- 
tween the  Castle  and  the  City  ;  and,  as  our  vessels  were  daily  ar- 
riving there,  and  liable  to  capture  and  detention  by  either  of  the 
contending  parties,  I  remained  there,  warning  them  off,  and  afford- 
ing them  every  assistance  in  my  power,  till  1  received  a  letter  from 
one  of  the  gentlemen  whom  I  had  taken  out  with  me,  informing  me 
of  the  failure  of  their  mission.  I  sailed  the  next  day  after  the  re- 
ceipt of  this  letter,  and  arrived  at  Tampico  on  the  3d  April.  1  re- 
mained there  four  or  five  days,  and  then  sailed  for  the  Havana, 
where  I  arrived  on  the  19th — repaired  to  Thompson's  Island, 
where  I  received  instructions  from  Captain  Porter  to  proceed  to 
the  United  States  ;  which  1  did,  and  arrived  at  New-York  on  the 
Uth  May. 

Q.  While  under  the  command  of  Captain  Porter,  did  you  carry 
any,  and  what  amount  of  specie,  on  freight  ? 


68 

A.  The  whole  amount  of  specie  that  t  received  on  board,  was 
$163,500  :  and  before  receiving  any  money  in  a  foreign  port,  I  al- 
ways saw  that  the  duties  had  been  regularly  paid.  Of  this  amount, 
$8, 000  dollars  was  received  at  the  Havana,  when  returning  home 
in  the  Jackall  ;  $58,000  at  Thompson's  Island,  and  $97,500  at 
Tampico  :  $10,000  from  Tampieo  was  delivered  at  Havana — all 
the  rest  in  the  United  states.  The  $8,000  was  shipped  at  Havana, 
consigned  to  the  house  of  Goodhue  &  Co.  at  New- York.  The 
$58,000  was  received  by  permission  of  Commodore  Rodgers  from 
Lieuts.  Oellers  and  Rousseau.  The  $97,500  was  shipped  by  the 
American  Consul,  Mr.  Ingraham,  at  Tampico. 

Q.  What  premium  or  freight  did  you  receive  for  such  transporta- 
tion, and  how  was  it  appropriated  ? 

A.  For  the  $3,000  I  received  2$  per  cent.  ;  for  the  $58,000,  I 
received  2  per  cent.,  and  for  the  $97,500  ;  H  for  that  landed  at 
Havana,  and  2  per  cent,  for  that  brought  to  the  United  States.  I 
received  for  myself  two-thirds  ;  the  other  third  1  paid  over  to 
Commodore  Porter.  The  Commodore  never  made  any  demand  of 
me  for  any  of  it;  it  was  a  voluntary  act  of  mine,  in  pursuance  of 
the  general  custom. 

Q.  Was  any  time  consumed  at  the  place  where  the  specie  was 
shipped,  on  the  passage,  or  at  the  ports  where  it  was  delivered,  in 
consequence  of  being  engaged  in  the  transportation  of  specie,  which 
would  otherwise  have  been  specially  devoted  to  the  suppression  of 
piracy  ? 

A.  In  no  instance  did  any  delay  occur,  for  the  purpose  of  taking 
on  board  specie  ;  on  the  contrary,  I  was  requested  to  wait  at 
Vera  Cruz,  or  to  stop  off  Alvamdo,  for  the  arrival  of  a  convoy, 
which  was  expected  down  from  Mexico,  with  two  or  three  million 
of  dollars,  which  I  declined  doing,  but  sailed  immediately  on  re- 
ceiving the  letter  I  have  mentioned,  from  the  gentleman  whom  I 
carried  out. 

Q.  During  the  period  of  your  being  under  the  command  of  Cap- 
tain Porter,  did  you  ever  hear,  or  do  you  know  of  any  specie  being 
carried  on  freight  by  any  vessel  on  board  which  he  was  at  the  time  ? 

A.  I  do  not  know  that  in  any  ca«e  the  vessel  which  carried  Com- 
modore Porter's  pendant  carried  any  specie.  Commodore  Porter 
was  never  down  the  Gulf  while  I  was  with  him  ;  he  was  either 
employed  on  the  coast  of  Cuba,  or  at  Thompson's  Island. 

Q.  Did  the  general  objects  of  the  protection  of  American  com- 
merce and  property,  and  the  suppression  of  piracy  require,  in  your 
opinion,  that  the  vessels  of  the  squadron  should  go  as  frequently 
as  they  did  to  the  Gulf  of  Mexico,  and  to  the  places  to  which  the/ 
were  sent  ? 

A.  They  certainly  did,  according  to  my  opinion. 

Q.  Were  the  vessels  in  the  squadron  in  the  practice  of  affording 
convoy  to  American  vessels  ? 

A.  In  every  instance  where  it  was  required  ;  more  frequently 
than  the  general  orders  required  it. 


09 

Q.  Was  every  thing  done  by  Captain  Porter,  with  the  force  un: 
der  his  command,  which  could  be  done  to  suppress  piracy  ? 

.?  All  that  energy  and  decision  could  accomplish,  was  done  to 
attain  that  ohject.  It  appeared  to  be  the  principal  object  of  the 
Commodore,  and  of  every  officer  under  his  command. 

Q.  During  the  time  that  you  acted  under  Captain  Porter,  had 
you  reason  to  believe  that  unfounded  reports  of  piracies  were  cir- 
culated in  the  West  Indies  ? 

A.  I  have  no  doubt  but  such  reports  were  frequently  circulated 
without  the  shadow  of  truth,  for  the  purpose  of  drawing  off  the  at- 
tention of  our  squadron. 

Q.  Is  there  any  other  matter  relating  to  the  subject  of  this  in- 
quiry, material  to  mention  ? 

J\.    I  know  of  nothing  important. 

The  Court  adjourned  till  half  past  10  o'clock,  to-morrow  morn- 
ing- 

TUESDAY,  MAY   17™. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before. 

Al.i-ter  Commandant  William  B.  Finch,  again. 

Q.  During  the  period  of  your  being  under  the  command  of  Cap- 
tain Porter,  did  you  ever  hear  or  know  of  any  specie  being  carried 
on  freight  by  any  vessel  on  board  of  which  he  was  at  the  lime  ? 

J  No;  his  ll.i^  was  transferred  from  the  John  Adams,  before 
she  sailed  down  the  Gulf,  to  the  Sea  Gull.  The  Commodore  him- 
self never  went  down  into  the  Bay  while  I  was  with  him. 

Charles  W.  Skinner,  a  lieutenant  in  the  Navy  of  the  United 
States,  being  duly  sworn  according  to  law,  deposes  and  says  : 

<{  In  what  capacity  did  you  serve  in  the  squadron  under  the 
command  of  Captain  Porter,  and  between  what  period. 

J  I  served  with  Captain  Porter,  from  about  the  23rd  December 
.  (ill  about  the  1 1th  of  July  1823,  in  command  of  the  schooner 
Wild  Cat.  1  commanded  the  Porpoise  from  March,  1824,  until 
Captain  Porter  left  the  West  India  station. 

Q.  On  what  particular  service  were  you  employed  during  these 
periods  ?  Produce  such  orders  and  instructions  as  you  received. 

.'1.  I  was  governed  by  the  general  instructions,  that  have  been 
given  in  evidence,  and  obeyed  them  in  every  particular.  I  \va-  in 
company  with  Commodore  Porter  until  after  the  arrival  of  the 
squadron  at  Ami.id.i.  At  that  place  the  squadron  was  separated,  and 
I  continued  with  the  Commodore  until  the  'Joth  March,  engaged  in 
the  suppression  of  piracy,  particularly  between  St.  Thomas  and 
Sugar  Key  ;  we  anchored  at  sugar  Key,  where  the  Beagle  was  put 
also  under  my  command,  three  Lieutenants  from  the  Peacock,  and 
about  eighty  of  the  ships  company  in  the  boats  of  that  ves-d,  with 
orders  to  examine  from  Cayo  Romano,  in  the  old  Bahama  Strn^tli-; 
to  Matanzas.  We  landed  on  the  different  Key?,  examined  them, 


hoarded  all  the  vessels  we  fell  in  with,  and  arrived  at  Matanzas  on 
the  29th  March.  On  the  same  night,  in  consequence  of  a  report 
that  a  piracy  had  been  committed  in  Escondido,  1  sailed  forthat  place 
with  the  Beagle  and  the  boats  of  the  Peacock  in  company,  examined 
the  place,  and  found  the  report  to  be  unfounded.  1  returned,  and 
off  Matanzas  fell  in  with  the  Commodore  in  his  gig.  The  Commo- 
dore sailed  .about  the  30th,  and  left  me  in  command  of  the  Wild  Cat 
and  Beagle,  to  convoy  from  Matanzas  and  the  Havana  twice  a 
week,  till  further  orders,  and  to  examine  in  the  intervening  time  the 
creeks  and  inlets  in  the  neighbourhood.  From  that  time  till  the  2nd 
July,  I  was  constantly  engaged  in  this  business,  boarding  every  ves- 
sel, and  examining  every  creek.  During  that  period,  I  believe  I 
gave  convoy  to  about  one  hundred  and  eighty  sail  of  vessels,  afford- 
ing all  the  protection  in  our  power,  being  constantly  at  sea.  I  went 
over  to  Thompson's  Island,  and  on  the  3rd  July,  sailed  for  Key  Va- 
cus,  to  land  marines  and  artillery  ;  and  sailed  from  thence  on  the 
5th  for  the  United  States. 

The  second  cruise  was  to  the  coast  of  Africa,  under  orders 
from  the  Department,  dated  June  19th,  1824.  (Read,  and  annexed.) 
Having  accomplished  the  duties  given  by  those  orders,  boarding  on 
the  coast  of  Africa  several  vessels  engaged  in  the  slave  trade,  un- 
der the  French,  Spanish,  and  Danish  flags  ;  returned  to  Cape  Mes- 
surado,  took  on  board  Mr.  Gurley,  as  I  was  directed,  and  sailed  for 
the  West  Indies.  On  the  15th  September,  arrived  at  St.  Pierres 
Martinico,  sailed  on  the  16th,  arrived  at  St.  Thomas  the  19th, 
sailed  on  the  24th,  convoying  a  ship  through  the  Sail  Rock  passage. 
On  the  25th,  arrived  off  St  Johns,  Porto  Rico,  and  inquired  after 
pirates  ;  finding  all  quiet  in  that  quarter,  I  proceeded,  and  on  the 
38th,  landed  and  examined  the  Island  of  Mona. 

On  the  30th,  went  to  the  City  of  St  Domingo.  On  the  4th  Octo- 
ber, anchored  off  St.  Jago  deCuba  ;  during  each  of  these  trips  kept 
as  near  the  shore  as  possible,  examining  the  coast  and  inlets — pro- 
ceeded to  the  Island  of  Cayman,  thence  over  to  Cuba,  and  went 
down  it  till  1  reached  Cape  St.  Antonia,  where  I  gave  chase  to  a 
suspicious  vessel,  and  at  night  despatched  some  boats  in  pursuit  of 
her  ;  the  boats  found  the  Piratical  establishment  on  the  Cape,  and 
destroyed  it,  but  were  unable  to  overtake  the  vessel.  Being  short 
of  provisions,  proceeded  to  Havana,  boarding  all  the  vessels  I  met 
with — arrived  at  Havana  on  the  13th.  On  the  17th  sailed  with  con- 
voy ;  in  going  out  of  the  harbour,  fell  in  with  the  Terrier,  a  barge 
in  company,  going  in — informed  him  of  the  piratical  vessel  I  had 
fallen  in  with  at  Cape  St.  Antonio,  and  he  immediately  went  in 
pursuit,  and  succeeded  in  capturing  him.  On  the  19th,  having  left 
the  convoy,  anchored  at  Matanzas.  On  the  night  of  the  20th,  hav- 
ing borrowed  a  boat  from  the  shore,  sent  all  my  own  boats  with  all 
my  officers,  and  as  many  men  as  could  be  spared,  to  search  the 
piratical  haunts  about  Matanzas.  On  the  23d,  they  returned  with 
the  piratical  schooner  Gata,  and  three  piratical  boats  as  prizes. 
On  the  night  of  the  2-ith,  manned  the  prize  schooner,  and  sent  her 


71 

out  on  a  cruise.  On  the  25th,  sailed  with  a  convoy  from  Matanza?. 
On  the  28th  fell  in  at  sea  with  the  schooner,  proceeded  to  Thomp- 
son's Islam],  whore  1  arrived  on  the  31st  October.  There  repaired 
the  ve**fl,  took  in  provision-,  and  sailed  on  the  10th  November 
li-r  M  having  received  an  order  to  lhat  purpose  from  the 

Commodore  ;  arrived  at  Matanzas  on  the  llth.  On  the  13th  sail- 
ed ttith  a  convoy,  and  from  that  time  till  the  17th  December,  was 
constantly  occupied  in  that  neighbourhood,  giving  convoy  to  mer- 
chantmen, and  with  my  boats  out  searching  for  pirates.  On  the  18th 
December,  arrived  at  Thompson's  Island,  where  I  joined  Commo- 
dore Porter.  On  the  22d,  received  the  order,  (read  and  annexed,} 
to  proceed  to  the  Gulf  of  Mexico,  with  which  I  complied.  Sailed 
on  the  23d  for  the  Havana,  thence  on  the  26th  for  the  Gulf  of  Mexi- 
co. On  the  31st  fell  in  with  an  American  brig,  and  convoyed  her 
into  Campeachy,  there  offered  convoy,  and  proceeded  to  the  differ- 
ent places  indicated  in  my  orders,  offering  at  each  convoy  and  pro- 
tection to  American  commerce.  Sailed  from  Tampico  on  the  1 8th 
March,  arrived  at  Havana  on  the  31st,  there  I  received  an  order 
from  Captain  Warrington  to  comply  with  the  previous  order,  re- 
!  from  Captain  Porter,  and  sailed  about  the  7th  April  for 
New-York,  where.  I  arrived  about  the  19th. 

Q.  While  under  the  command  of  Captain  Porter,  did  you  re- 
ceive any  and  what  amount  of  specie  on  freight  ? 

.  J.  The  first  specie  I  carried  was  in  the  Wild  Cat,  from  the  Ha- 
vana, $5,000,  carried  to  a  vessel  which  had  sailed  before  me  and 
which  I  was  to  convoy.  The  next  time  I  carried  $34,510  from 
Tampico  to  the  Bulize.  The  next  sum  1  carried  was  $109,013  from 
Tampico  ;  $2000  was  landed  at  Havana,  the  residue  at  New-York. 

Q.   Was  it  shipped  by  American  merchants,  or  by  ivhom  ? 

jf.  All  that  I  carried  from  Tampico  was  shipped  by  the  Ameri- 
can Consul  ;  the  $5000  was  shipped  by  the  master  of  an  American 
1  of  Philadelphia. 

Q.  What  amount  of  freight  did  you  receive  for  such  transpor- 
tation, and  how  was  it  appropriated? 

A.  The  whole  amount  was  between  $2,200  and  $2,300,  one  third 
was  deposited  in  .Bank  for  the  commanding  officer,  the  residue  was 
my  own. 

Q.  Was  any  time  consumed  at  the  places  where  the  specie  was 
shipped,  on  the  passage,  or  at  the  places  of  delivery,  in  conse- 
quence of  your  being  engaged  in  the  transportation  of  specie,  which 
would  otherwise  have  been  specially  devoted  to  the  suppression  of 
j>iracy  ' 

»fl.  I  did  not  remain  at  any  of  these  places  longer  than  I  should 
have  done,  had  there  been  no  specie.  I  complied  strictly  with  my 
orders.  I  was  on  one  occasion  offered  -\  considerable  sum  of  mo- 
ney to  be  carried  to  New  Orleans,  but  1  declined  it,  as  1  had  no 
other  motive  to  carry  me  there. 

Q.  Did  the  general  protection  of  American  commerce  and 
property,  and  the  suppression  of  piracy,  require,  in  your  opinion. 


72 

the  presence  of  an  American  force  in  the  Gulf  of  Mexico  as  fre- 
quently as  it  was  sent  there,  and  at  the  places  to  which  it  was  sent  '{ 

A.  I  conceived  it  absolutely  necessary  that  an  American  vessel 
of  war  should  be  in  the  Gulf  of  Mexico.  I  can  only  speak  as  to 
my  own  vessel,  not  knowing  what  other  vessels  were  there  or 
how  long. 

Q.  Were  the  vessels  attached  to  the  squadron  in  the  practice 
of  affording  convoy  to  American  vessels  ? 

A.  So  far  as  I  knew,  it  was  the  constant  practice. 

Q.  Was  every  thing  done  which  could  be  done  by  the  squadron 
to  suppress  piracy. 

A.  Yes  ;  as  far  as  came  to  my  knowledge,  no  vessels  were  ever 
more  actively  or  more  disagreeably  employed. 

Q.  During  the  time  that  you  were  under  the  command  of  Cap- 
tain Porter,  had  you  reason  to  believe  that  reports  were  circula- 
ted in  the  West  Indies  of  piratical  acts,  which  were  ascertained  to 
be  without  any  foundation  in  truth  ? 

A.  Yes,  many  ;  it  was  constantly  the  case. 

Q.  During  that  period,  did  you  ever  hear  or  know  of  any  specie 
being  carried  on  freight  by  any  vessel  on  board  of  which  Captain 
Porter  was  at  the  time  ? 

A.  No,  I  never  did ;  I  never  heard  of  his  being  in  the  Gulf  of 
Mexico. 

Q.  Is  there  any  other  matter  or  thing  material  to  this  investiga- 
tion ?  If  so,  state  it  fully. 

A.  I  do  not  recollect  any  thing  further.  WThen  in  Tampico,  the 
American  Consul  informed  me  that  he  had  repeatedly  written  to 
have  an  American  vessel  from  the  squadron  sent  down  there  to  car- 
ry specie,  and  that,  in  consequence  of  there  being  none,  it  became 
necessary  to  ship  it  in  English  vessels,  which  made  the  route  more 
circuitous,  and  increased  the  expense. 

Charles  H.  Bell,  a  Lieutenant  in  the  Navy  of  the  United  States 
being  duly  sworn  according  to  law,  deposes  and  says  : 

Q.  In  what  capacity  did  you  serve  in  the  squadron  under  the  com- 
mand of  Captain  Porter,  and  for  what  time  ? 

A.  I  was  a  Lieutenant  Commandant,  commanding  the  Ferret, 
from  the  8th  August,  1824,  until  his  return  from  the  West  Indies. 

Q.  On  what  particular  service  were  you  employed  ? 

A.  I  received  orders  from  Commodore  Porter  to  proceed  from 
Washington  to  Thomp?«n's  Island,  touching  at  Matanzas,  to  give 
protection  to  our  commerce.  I  sailed  about  the  26th,  and  arrived 
about  September  10th  ;  was  employed  during  the  whole  time 
that  I  was  under  his  command,  in  protecting  American  commerce, 
and  giving  convoy  from  Matanzas  and  Havana,  and  cruising  occasion- 
ally after  pirates,  from  about  Havana  to  French  Key,  to  the  east- 
ward of  Matanzas. 

Q.  While. under  the  command  of  Captain  Porter,  did  you  carry 
on  freight  any,  and  what  amount  of,  specie  ? 


73 

.9,  Never  any. 

Q.  \Verethe  vessels  attached  to  the  squadron  in  the  practice  of 
offering  convoy  to  American 

J.  It  \\.i-  tin  ii-  r'>n»!, mt  practice  so  far  as  my  knowledge  extend*. 
I  myself  convoyed  at  lea-t  forty  >>r  fifty  vessels.  1  never  n 
convoy  but  once  ;  that  was  in  Havana.  I  li.nl  received  orders  to 
convoy  at  a  certain  day  from  .Matan/.as.  and  the  vessel-  which  re- 
quired it  could  not  sail  at  the  time.  I  was  obliged  to  leave  that 
port. 

Q.  Was  every  thing  done  by  the  squadron  within  their  power, 
in  the  sup.  i'  piracy. 

.  i.    I  believe  so. 

<(.  During  the  period  that  you  were  under  the  command  of  Captain 
Porter,  did  you  ever  know  or  hear  of  any  specie  being  carried  oil 
freight  by  any  vessel,  on  board  of  which  he  was  at  the  time  ? 

J. 

Q.  Is  there  any  other  matter  material  to  this  inquiry  ?  If  so,  state 
it  fully. 

•  1.  1  know  nothing  further  that  is  material. 

John  P.  ZanLeinger,  a  Lieutenant  in  the  N'avy  of  the  United 
••-,  bein^  duly  -u  urn  according  to  law,  deposes  and  says  : 

Q.  In  what  capacity  did  you  serve  in  the  squadron  under  the 
command  of  Captain  Porter  ?  and  for  what  length  of  tin 

J.  I  commanded  the  Weazel  from  17th  September,  1823,  till  July 
20th,  1824. 

Q.  On  what  particular  service  were  you  employed  ? 

J     I  armed  m  the  West   Indies  on  the   17th   October;  went 
through  the  Caycus  passage  ;  went  to   Barico,  at  the  east  end  of 
Cuba  ;  proceeded  through  the  old  streights  of  T> -iham  i-  to  Matan- 
remained  there  three  week-  invoy  in  and  out  of  the 

harbour.  From  thence  I  proceeded  to  il.ivana;  found  there  the 
Porpoise,  Lieut.  Ramage.  to  whom  1  was  ordnn-d  to  report  m\ 
Thence  I  proceeded  to  Key  West,  and  returned  to  llavan.i,  where 
I  received  orders  to  proceed  to  the  U.  States.  My  business  on  this 
first  crui-e  was  to  examine  the  coast  and  inlet?,  in  search  of  pii 
and  to  give  convoy.  I  sailed  for  the  United  State*  about  the  Uth 
December,  giving  convoy  and  bringing  home  specie.  Went  from 
New-York  to  Norfolk,  where  I  received  orders  to  proceed  lo  «?a, 
in  company  with  the  Spark  ;  sailed  July  U'.th,  and  proceeded  to 
St.  Thomas  ;  proceeded  along  the  south  side  of  Porto  Rico,  St.  Do- 
mingo ;  ran  between  St.  Domingo  and  Jamaica  ;  thence  along  the 
south  side  of  Cuba,  round  to  Cape  St.  Antonio,  giving  the  whole 
coast  a  thorough  examination  ;  thence  to  l  t,  where  I  re- 

joined the  Spark.  Sailed  in  company  with  the  Spark  about  the  4th 
iMarch  to  the  Gulf,  running  along  the  coast  of  Yucatan  to  C;ipe 
Catouche  ;  ran  into  Campeachy.  from  thence  to  Alvarado  ;  remain- 
ed there  about  three  weeks  ;  thenre  to  Point  Li/arado  ;  thence  to 

ia  Cru/.     I  thence  proceeded  toTampico,  with  the  annexed  or- 
10 


74 

der  ;  remained  in  the  harbour  near  three  weeks,  affording  protec- 
tion to  our  commerce.  I  then  sailed,  with  some  specie  on  board,  for 
Vera  Cruz  ;  thence  to  Alvarado  ;  thence  to  the  Havana,  going 
along  the  coast  from  Cape  Antonio  ;  thence  to  Thompson's  island. 
I  there  received  orders  to  proceed  to  New-York,  and  sailed  for  the 
United  States.  During  this  last  cruise,  my  principal  occupation 
was  giving  protection  to  American  commerce,  and  looking  after  pi- 
rates. The  reason  of  my  continuing  so  long  in  the  ports  where  I 
remained,  was  that  the  American  Consul,  and  all  the  principal  mer- 
chants, made  a  request  of  Lieutenant  Newton  to  permit  me  to  be 
there,  stating,  that  as  the  Weazel  was  small  and  able  to  cross  the 
bar,  her  presence  was  more  important  in  affording  protection  to  the 
commerce,  than  the  larger  vessels,  which  were  compelled  to  remain 
outside.  At  Tampico  1  was  detained  near  a  fortnight,  in  conse- 
quence of  an  American  vessel  being  attacked. 

Q.  While  under  the  command  of  Captain  Porter,  what  amount 
of  specie  did  you  carry  on  freight  ?  from  what  places,  and  where 
delivered  ? 

A.  I  carried  $  197,000,  of  this  I  carried  $  70,000  from  Havana  to 
New  York.     From  Tampico  and  Alvarado,  I  carried  $  127,000  ;  of 
this  $55,500  was  taken  on  board,  in  consequence  of  an  American 
vessel  from  Philadelphia, who  had  it  on  board, running  ashore  off  Tam- 
pico.    I  took  it  on  board,  and  carried  it  to  Philadelphia  ;  I  delivered 
all  the  residue  at  Philadelphia,  except  $  1,000  landed  at  H/avana. 
Q.   Was  it  shipped  by  American  merchants,  or  whom  ? 
A.  All  the  money  that  I  carried  was  shipped  by  American  mer- 
chants. 

Q.  What  amount  of  freight  did  you  receive  for  the  transportation, 
and  how  was  it  appropriated  ? 

A.  I  received  two  per  cent  on  the  whole  amount  carried  ;  one 
third  I  paid  to  the  Commodore  as  a  voluntary  act  on  my  part,  the 
residue  I  retained. 

Q.  Was  any  time  consumed  at  the  places  where  the  specie  was 
shipped,  on  the  passage  or  at  the  ports  where  it  was  delivered,  in 
consequence  of  your  being  engaged  on  the  transportation  of  specie, 
which  would  otherwise  have  been  specially  devoted  to  the  suppres- 
sion of  piracy  ? 
A.  None. 

Q.  Did  the  general  protection  of  American  commerce  and  pro- 
perty, and  the  suppression  of  piracy,  require,  in  your  opinion,  the 
presence  of  an  American  force  in  the  Gulf  of  Mexico  as  frequently 
as  it  was  sent  there,  and  at  the  places  to  which  it  was  sent  ? 

A.  Yes,  and  much  more  frequently.  Complaints  were  numerous 
of  the  want  of  a  force  there. 

Q.  Was  the  procuring  of  specie  the  primary  or  secondary  object 
of  your  going  into  that  quarter  ? 
A.  It  was  entirely  secondary. 

Q.  Were  the  vessels  of  the  squadron  in  the  practice  of  affording 
convoy  to  American  vessels  ? 


I;  wa=  tlirirc-  't.-'.mt  practice  wherever  it  was  wanted  ;  I  al- 
ways offered  convoy  at  every  port  to  which  1  u 

Q.   Was  every  tiling  done  by  the  squadron  which,  as  you  conc< 
could  be  done  Umaulj  the  suppression  of  piracy  ' 

./.     It   v. 

Q.   While  you  were  under  the  command  ofCaplain  Porter,  u 
any  reports  circulated,  without  an)  foundation,  of  piratical  acts  ? 

J.  \  e*,  frequently,  on  the  coast  of  Cuba  ;  such  reports  wore  I  be- 
lieve frequently  circulated  for  the  purpose  of  drawing  the  vessels 
oil. 

Q.  Did  you  ever  know  of  or  bear,  that  any  vessel  on  board  which 
Captain  Porter  w-is  at  the  time  carried  specie  on  freight  ? 

.].   I  know  of  no  instance,  and  never  heard  of  any. 

(^.  Is  there  any  other  matter  which  you  deem  material  to  tin- 
inquiry  ?  If  so,  state  it  fully. 

J.   Nothing  in  particular. 

David  (J.  Farragut,  a  Lieutenant  in  Navy  of  the  United  States.be- 
.!i_r  duly  ~uni  n  according  to  law,  deposes  and  says  : 

Q.  In  wh.ii  rapacity  did  you  cerve  in  the  squadron  under  the 
command  of  (';q>t.nn  Porter,  and  for  what  period  of  time  ? 

.J.  1  joined  the  squadron  on  the  4th  February,  1823,  a&  an  acting 
Lieutenant  on  board  the  schooner  Gray  Hound,  commanded  by  Mas- 
ter Commandant  John  Porter,  and  afterwards  by  Lieutenant  K 
ney,  and  continued  on  the  station  until  the  Commodore  returned  t" 
the  tinted  States  in  July,  1824. 

Q.  On  wli.it  particular  service  were  the  vessels  to  which  you 
were  attached  employed  ? 

J.  The  Gray  Hound  was  constantly  employed,  while  I  was  on 
board  her,  in  the  suppression  of  pir-i-  \,  and  nivmg  .-onvoy  on  th«' 
south  Mdeofthe  island  of  StJDomingo  and  Cuba,  and  the  M«r.  i  I'.i- 
?age,  and  on  the  north  side  of  Porto  Rico.  I  was  in  the  Gray  lloiiml 
till  July,  ltt'23,  at  which  time  I  was  transferred  to  the  Steam  (i.dliot 
Sea  Gull ;  she  wore  the  pendant  of  Commodore  Porter,  and  was  en- 
gaged iacruising  for  pirates  along  the  coast  of  Florida  ;  Commodore 
Porter  was  taken  sick,  and  the  vessel  remained  at  Thompson's  Island 
until  he  returned  home  in  the  summer  of  1823. 

On  the  17th  February,  the  Sea  Gull  having  been  repaired,  we 
tailed  again  for  the  West  Indies  ;  the  Commodore  in  the  John  Adams 
in  company,  touching  at  different  places  visited  the  island  of  St. 
Bartholomews,  St.  Thomas,  St.  Kits,  r;m  down  the  north  side  of 
Porto  Rico  through  the  Mona  Passage,  visited  the  island  of  Mona, 
down  the  south  side  of  St.  Domingo  examined  the  coast  and  inlets, 
retook  the  schooner  Pacification  ofl"  Jaquemel  from  a  C'arthagenian 
privateer,  visited  St.  Jago  de  Cuba,  then  down  the  const  examining 
the  coast  thoroughly  by  the  isle  of  Pines  ;  coasted  the  island  along 
as  far  as  Matan/.as,  thence  to  Thompson's  Inland.  The  next  day  the 
Commodore  arrived  in  the  John  Adams,  and  we  were  despatched 
on  an  expedition  under  the  command  ol  Captain  Wilkinson  to  Cape 
Antonio,  in  pursuit  of  a  pirate  whom  he  had  chased  in  there  a  few 


76 

days  before,  the  boats  entered  the  Colorados  to  the  windward,  and 
the  Sea  Gull  to  leward,  and  met  about  halfway,  received  informa- 
tion from  somn  fishermen  that  the  vessel  had  sailed  for  the  coast  of 
Yucatan.  Having  made  diligent  search,  we  were  joined  by  the  Gray 
Hound,  and  returned  to  Thompson's  Island,  I  then  left  the  Sea  Gull, 
and  on  the  10th  June  was  appointed  to  the  command  of  the  Ferret. 
I  received  verbal  instructions  from  Commodore  Porter  to  cruise  be- 
tween Havana,  Matanzas  and  Thompson's  Island,  for  the  purpose  of 
giving  convoy  twice  a  week  out  of  Matanzas  and  Havana,  to  carry 
plants  from  Cuba  over  to  the  island,  and  to  be  careful  to  afford  every 
protection  to  our  commerce  that  might  be  requested.  These  or- 
ders were  punctually  obeyed  ;  no  convoys  were  asked  which  I  did 
not  afford,  no  piracies  were  complained  of.  I  gave  convoy  some- 
time? three  times,  sometimes  four  times  a  week.  I  continued  thus 
occupied  until  July  5th,  when  I  received  orders  to  carry  a  public 
agent  to  Nassau,  New  Providence,  and  afterwards  to  proceed  to  the 
United  States. 

Q.  While  under  the  command  of  Captain  Porter,  did  you  carry 
on  freight  any,  and  what  amount  of,  specie  1 

A.  1  carried  none. 

Q.  Uo  you  know,  or  did  you-ever  hear,  that  any  was  carried  in 
any  vessel  on  board  which  Captain  Porter  was  at  the  time  1 

J.  No  ;  I  never  did. 

Q  Was  it  the  practice  of  the  squadron  to  afford  convoy,  when 
required,  to  American  vessels  1 

'A.  Always,  1  believe  :  I  never  knew  an  instance  to  the  contrary. 

Q.  Was  every  thing  done  by  the  squadron  for  the  suppression  of 
piracy,  which  could  be  done  1 

A.  I  think  so. 

Q.  Had  you  ever  reason  to  believe  that  reports  were  circulated 
in  the  West  Indies,  without  any  foundation,  of  piratical  acts  ;  and 
for  what  purpose  1 

A.  I  have  known  mnny  such  myself ;  what  the  object  was,  can- 
not say.  Some  that  I  heard,  I  knew  at  the  time  to  be  false  ;  and 
false  reports  were  also  circulated  with  regard  to  the  absence  of  ves- 
sels, from  the  ports  of  Cuba,  to  give  convoy. 

Q.  Do  you  know,  and  were  you  frequently  at,  the  ferry  kept  by 
an  Englishman  named  Roberts,  near  Matanzas  1 

A.  Yes,  I  knew  him  ;  was  frequently  there  ;  obtained  from  his 
plantation,  plants  for  Key  West. 

Q.  Do  you  know,  or  did  you  ever  hear,  of  that  ferry  being  much 
resorted  to  by  pirates,  or  persons  having  intercourse  with  them  1 

A.  I  never  did. 

Q.  Is  there  any  thing  further  material  to  this  inquiry  1 

A    I  know  nothing  that  I  conceive  important. 

The  Court  then  adjourned  till  half  past  10  o'clock,  to-morrow 
morning. 

WEDNESDAY,  MAY  18™. 

The  Court  met,  pursuant  to  the  adjouinment  of  yesterday  :  pre- 
sent as  before. 


77 

Ralph  Voorhee*,  a  Lieutenant  in  the  Navy  of  the  United  States, 
being  duly  sworn,  according  to  law,  d<  - — 

Q.  In  what  capacity  did  )ou  serve  in  the  squadron  under  the 
command  of  Captain  Porter  ;  and  for  what  period  of  time  ? 

.1.  I  served  on  hoard  tin;  Sea  Gull,  as  a  lieutenant,  from  Decem- 
ber 20th,  18JJ,  till  July  16th,  1823.  I  then  took  command  of  her, 
and  continued  in  command  until  July  K)th,  1B21. 

Q.  On  what  particular  service  was  the  Sea  (iull  employed,  while 
you  were  attached  to  her,  and  where  ? 

./.  I  sailed  in  February,  1823,  for  the  West  Indies.  The  vessel 
u  M  employed  generally  in  the  West  Indies,  and  particularly  cruiz- 
ing around  the  l-land  of  Cuba,  and  through  the  Bahama  Straits,  in 
giving  convoy  to  American  vessel*,  and  the  suppression  of  piracy. 
The  Commodore  was  frequently  on  board  the  Sea  Gull,  and  I  think 
for  half  the  time  that  she  was  out,  she  bore  his  pendant,  \\hich  was 
sometimes  »liilted  to  the  John  Adams  and  Peacock. 

(J.  During  that  time  was  any,  and  what  amount  of, specie  carried 
on  freight  in  the  Sea  Gull  .' 

. I.   None  \\-i-  carried. 

Q.  Do  you  know,  or  did  you  every  hear,  that  any  was  carried 
in  any  vessel  on  board  which  Captain  Porter  \\a*  at  the  ti: 

J.   Nuiii-  that  I  know  of. 

Q.  Was  it  the  practice  of  the  squadron  to  give  convoy  to  Ameri- 
can vessel-  ' 

.7.    \hva\ «.  when  required. 

Q.  Was  every  thing  done  which  could  be  effected,  to  suppress 
piracy  .' 

.  ?.  I  believe  all  the  vessels  were  actively  and  judiciously  employ- 
ed for  that  purpose. 

Q.  Had  you  reason  to  believe  that  many  unfounded  and  exaggerat- 
ed accounts  of  piracy  were  circulated  in  the  \W»t  Indies. 

Jl.  Many  such  reports  were  circulated,  which,  on  examination, 
we  found  to   be  destitute  of  any  foundation  ;  they  were   very  fre- 
quent.    I  also  frequently  saw  in  the  papers  from  the  United  S; 
the  most  exaggerated  and  unfounded  statements  of  piracies. 

Q.  Is  there  any  thing  else  material  to  this  investigation  within 
your  knowledge  ?  If  so,  state  it  fully. 

A.  Nothing. 

John  H.  Lee,  a  Lieutenant  in  the  Navy  of  the  United  State?, 
beinii  duly  sworn,  according  to  law,  deposes  and  says  : 

Q.  In  what  capacity  did  you  serve  in  tli.  squadron  under  the  com- 
mand of  Captain  Porter  ;  and  for  what  period  of  time  .' 

.3.  I  served  us  a  Lieutenant  on  board  the  John  Adams,  from  the 
time  she  went  to  the  West  Indies,  until  about  the  20th  April,  I.1;,'  1: 
at  that  time  I  took  command  of  the  schooner  Jackall,  and  continu- 
ed in  her  till  November  20tb,  1824. 

Q.  On  what  service  were  the  vessels  in  which  you  were,  par- 
ticularly engaged  during  those  period*  ' 


78 

A.  The  John  Adams  joined  the  squadron  at  Key  West,  in  August, 
1823,  and  then  returned  to  the  United  States  in  consequence  of  the 
sickness.  About  the  17th  February,  1824,  sailed  again  from  the 
United  States,  under  the  command  of  Captain  Dallas  ;  the  particu- 
lar object  in  which  we  were  occupied,  was  cruizing  for  pirates  from 
the  windward,  down  through  the  islands,  till  our  arrival  at  Key  West, 
where  I  left  her  On  board  the  Jackall.  I  cruized  along  the  coast 
of  Yucatan  and  Campeachy,  with  another  schooner  in  company,  in 
pursuance  of  Commodore  Porter's  orders  of  April  25th;  (read  and 
annexed  ;)  and  executed  those  orders,  and  made  the  report  of  the 
cruize,  which  has  been  given  in  evidence. 

Q.  Did  the  vessels  to  which  you  were  attached,  while  under  the 
command  of  Captain  Porter,  carry  any.  and  what  amount  of  specie? 
where  from,  and  to  what  parts  ? 

A.  None  was  carried  in  either  of  the  vessels,  while  I  was  under 
his  command. 

Q.  Did  the  protection  of  American  property  and  commerce,  and 
the  suppression  of  piracy,  require  the  presence  of  an  American 
force  in  the  Gulf  of  Mexico  as  frequently  as  it  was  sent  there,  and 
at  the  places  to  which  it  was  sent  ? 

A.  \  think  it  did. 

Q.  Were  the  vessels  of  the  squadron  in  the  practice  of  afford- 
ing convoy  ? 

A.  Always,  when  asked,  as  far  as  I  knew  ;  and  it  was  constantly 
offered. 

Q.  Were  unfounded  or  exaggerated  reports  of  piracies,  common 
in  the  West  Indies? 

A.  I  think  that  exaggerated  report?  of  piratical  acts  were  very 
frequent. 

Q.  Did  you  ever  know,  or  hear,  of  any  specie  being  carried  on 
freight  by  any  vessel  of  the  squadron,  on  board  which  Captain  Por- 
ter was  at  the  time  ? 

A.  No  ;  I  never  did. 

Q.  Was  every  thing  done  which  could  be  effected,  by  the  squad- 
ron, for  the  suppression  of  piracy  ? 

A.  So  far  as  my  opportunities  of  judging  extend,  I  think  Com- 
modore Porter  made  the  best  distribution  of  his  force  for  the  at- 
tainment of  that  object. 

Q.  Is  there  any  other  matter  tvithin  your  knowledge  material  to 
this  inquiry  ?  If  so,  state  it  fully. 

.3.  Nothing,  that  I  know  of. 

John  T.  Pcitchie,  a  Lieutenant  in  the  Navy  of  the  United  States, 
being  duly  sworn,  according  to  law,  deposes  and  says — 

Q.  In  what  capacity  did  you  serve  in  the  squadron  under  the 
command  of  Captain  Porter,  and  for  what  period  of  time  ? 

A.  I  was  a  Lieutenant  on  board  the  Ferret — sailed  with  the 
squadron  in  February,  1823,  and  continued  in  her  till  the  July 
following,  when  I  took  command  of  the  schooner  Fox,  and  conti- 
nued in  that  capacity  until  October,  1824. 


79 

Q.  On  what  particular  service  were  those  vessels  engaged  '. 
jj.  While  in  the  Ferret,  cruised  around  the  Island  of  Porto  Rico 
after  some  pirates  that  we  had  heard  of — rejoined  the  Commodore 
at  AguaJilla.  The  single  object  of  the  cruise  of  the  Ferret,  wlnl. 
I  was  on  hoard  her,  was  the  suppression  of  piracy  along  Porto 
Rico,  St.  Domingo,  Cuba,  the  Colorado!  to  Key  West.  After  I 
took  command  of  the  Fox,  I  received  the  orders  dated  July  19th, 
1823,  (read  and  annexed.)  was  then  ordered  to  join  Lieut  Kennon, 
with  whom  I  cruised  after  pirates,  along  the  north  coast  of  Cuba  . 
afterwards  received  the  orders  of  August  5th,  (read  and  annexed,) 
and  proceeded  to  the  coast  of  Yucatan,  executed  them,  and  made 
ray  report  of  August  29th,  which  has  been  given  in  evidence.  i 
afterwards  proceeded  to  Matanzas  and  Havana,  and,  on  my  return 
to  Key  West,  came  home  to  the  United  States,  under  orders  of 
September  16th,  (read  and  annexed.)  In  December  following 
returned  to  the  West  Indies,  and  cruized  under  the  orders  of 
tain  Wilkinson,  (read  and  annexed,)  until  recalled  to  Key  West  in 
April  following.  Immediately  on  reaching  the  Island,  received  the 
orders  of  April  16th,  1824,  (read  and  annexed,)  and  proceeded  forth- 
\\iih  in  execution  of  them.  After  my  return,  I  received  the  order* 
of  April  25th,  (read  and  annexed,)  and  after  executing  them,  return- 
ed to  Key  West,  and  to  the  United  States  in  October  follow  m-. 

Q.  While  under  the  command  of  Captain  Porter,  did  the  vessels 
to  which  you  were  attached,  carry  on  freight  any  and  what  amount 
of  specie  ?  from  and  to  what  ports  ? 

J.   During  my  first  cruise  I  took  on  hoard,   at  various  time-, 

about  $40,000  for  the  United  States,  received  on  board  at  Havana  ; 

on  the  last  cruize,  the  only  money  I  received  was  at  Tampico,  as  1 

^vas  leaving  that  place,  about  $20,000,  for  Havana  ;  of  this,  $3,000 

brought  to  the  United  States,  and  delivered  at  Washington. 

Q.  What  freight  did  you  receive  for  such  transportation,  and 
how  was  it  appropriated. 

J    1  received,  I  think,  2J  per  cent  on  the  first  money  I  brought 

home,  and  1  \  per  cent,  on  that  brought  from  Tampico.     One-third 

_iv»  n  to  Commodore  Porter,  and  the  residue  reserved  by  me. 

Q.  Was  this  money  shipped  by  American  merchants,  or  t>\ 
whom  ? 

.1.  It  was  shipped  through  the  American  Consuls  at  Havana  and 
Tampico. 

Q.  Did  the  general  interest  of  American  commerce  and  proper- 
ty, and  the  suppression  of  piracy,  require  the  presence  of  an  Ame- 
rican force  in  the  Gulf  of  Mexico  as  frequently  as  it  was  sent  there, 
and  at  the  places  to  which  it  was  sent  ? 

J.  1  think  so. 

Q.  Did  the  transportation  ol  the  specie  you  carried  interfere  in 
any  manner  with  your  attention  to   the  suppression  of  pim 
protecting  American  commerce  .' 

-1-  It  did  not. 

Q.  Was  every  thing  done  by  the  squadron  to  suppress  p 
which  could  be  effected  ' 


80 

,.'?.  I  believe  it  wa?,  so  far  as  I  was  capable  of  judging. 

Q.  Is  there  any  thing  further,  within  your  knowledge,  material 
to  the  present  inquiry  1  If  so,  state  it  fully. 

A.  Nothing  further,  than  that  circumstances  occurred  at  Tampi- 
co  in  regard  to  the  detention,  for  forty  days,  of  an  American  vessel, 
which  I  succeeded  in  having  released  ;  which  shewed,  beyond 
doubt,  the  necessity  for  having  a  man  of  war  in  that  neighbourhood, 
for  the  protection  of  American  commerce. 

Charles  Boarman.  a  Lieutenant  in  the  Navy  of  the  United  States, 
being  duly  sworn,  according  to  law,  deposes  and  says — 

Q.  In  what  capacity  did  you  serve  in  the  squadron  under  the 
command  of  Captain  Porter,  and  for  what  period  of  time  ? 

A.  As  Lieutenant,  I  commanded  the  schooner  Weasel,  from  the 
20th  July,  1824,  till  the  return  of  Commodore  Porter. 

Q.  On  what  particular  service  were  you  engaged  during  that  pe- 
riod of  time  1 

A,  From  the  lime  of  my  arrival  at  St.  Barts,on  the  15th  August, 
I  was  employed  during  the  whole  time,  in  convoying  and  cruising 
for  pirates.  Went  to  Crab  Island  in  pursuit  of  pirates — captured  a 
boat ;  the  pirates  escaped  on  shore.  In  September,  sailed  from 
Havana  for  the  Gulf  of  Mexico,  convoying  three  American  vessels 
— arrived  at  Campeachy — sailed  to  Alvarado,  and  made  my  report 
of  the  5th  December,  (read  and  annexed) — thence  sailed  to  Tampi- 
co,  inquiring  after  pirates,  and  furnishing  protection  to  our  com- 
merce ;  and  having  fulfilled  my  orders,  took  on  board  specie  for 
the  United  States,  arrived  at  the  Havana,  and  made  my  report  of 
the  21st  January,  1825. 

Q.  During  this  time,  what  amount  of  specie  did  you  carry  on 
freight,  from,  and  to,  what  ports  ? 

A.  I  carried  about  $65,000  from  Tanrpico,  shipped  for  New- 
York  ;  about  $20,000  of  it  was  subject  to  the  order  of  a  merchant 
at  Havana,  and  was  there  transferred  to  an  English  frigate  ;  of  this 
about  $14,000  was  shipped  by  an  American  house,  and  a  part  of 
the  money  was  Chipped  by  Spaniards.  At  Havana  from  three  to 
four  thousand  dollars  was  put  on  board,  and  landed  at  Norfolk. 

Q.  What  amount  of  freight  was  paid  for  this  transportation,  and 
how  was  it  appropriated  ? 

A.  About  $1,200  was  paid  ;  one  third  I  gave  Commodore  Por- 
ter, and  the  residue  I  retained. 

Q.  Did  this  carrying  of  specie  interfere  in  any  manner  with  your 
attention  to  the  suppression  of  piracy,  and  the  protection  of  Amer- 
ican commerce  .' 

A.  Not  in  the  least.  I  was  offered  money  at  Campeachy  to  car* 
ry  to  the  United  Slates,  but  would  receive  none  until  I  had  comple- 
ted my  cruise,  and  was  on  the  eve  of  returning  to  the  United  States  ; 
and  I  sailed  as  soon  as  I  sJiould  have  done  had  I  carried  no  specie. 

Q.  Did  the  general  protection  of  American  property  and  com- 
merce, and  the  suppression  of  piracy,  require  the  presence  of 
American  vessels  of  war  in  the  Gulf  of  Mexico,  as  frequently  as 


81 

(hey  were  sent  there,  and  at  the  places  to  which  they  were 
aent? 

A.  1  think  so.  During  the  period  of  from  two  to  three  motiths 
that  I  was  there,  there  was  no  other  vessel  of  the  squadron  there. 

Q.  Was  every  thing;  done  by  the  squadron  which  could  be  done, 
for  the  suppression  of  pirac 

A.  My  opinion  is,  that  all  was  done  that  could  be  done  to  sup- 
press it. 

Q.  is  there  any  other  matter  within  your  knowledge  material  to 
this  inquiry  ? 

A.  Nothing. 

Charles  T.  Platt,  a  Lieutenant  in  the  Navy  of  the  United  State?, 
being  duly  sworn  according  to  law,  depose*  and  says  : 

Q.  In  what  capacity  did  you  serve  in  the  squadron  under  the  com- 
mand of  Captain  Porter,  and  for  what  period  of  time  ? 

A.  I  served  in  1823  in  the  Hornet,  afterwards  in  command  of  ;i 
barge,  and  on  board  a  merchant  vessel  employed  as  a  decoy,  and 
during  the  last  year  in  command  of  the  Beagle. 

Q.  On  what  particular  service  were  you  employed  ? 

A.  The  particular  objects  in  which  I  was  engaged,  were  the  of- 
fering protection  to  our  commerce,  and  the  suppression  of  piracy. 
Cruising  in  an  open  barge  at  one  time  sixty-eight  days  on  the  north 
east  side  of  Cuba.  My  last  cruise  in  the  Beagle  was  principally 
confined  to  the  passages  in  the  neighbourhood  of  St.  Thomas,  under 
orders  of  August  4th,  read  and  annexed.  I  was  constantly  cruising 
and  giving  convoy.  While  on  that  station,  there  was  not  n  single 
vessel  robbed,  or  an  attempt  made,  in  the  neighbourhood. 

Q.  Had  you  any  concern  in  the  transportation  of  specie  ? 

A.  I  never  carried  any.  I  was  offered  some  on  one  occasion, 
but  did  not  take  it,  not  thinking  the  vessel  I  commanded  a  suitable, 
one,  and  the  object  being  inconsiderable. 

Q.  Do  you  conceive  that  the  squadron  did  every  thing  which 
could  be  accomplished  toward  the  suppression  of  piracy  ? 

A.  I  do. 

Q.  Is  there  any  thing  further  within  your  knowledge  material  to 
'.his  inquiry  ? 

A.  Nothing  further. 

John  Mountain,  Esq.  being  duly  sworn  according  to  law,  deposes 
and  says  : 

Q.  Were  you  in  the  island  of  Cubaduring  the  period  that  Commo- 
dore Porter  commanded  the  American  squadron  in  the  West  Indies, 
and  in  what  capacity  ? 

J.   I  was  ;   in  the  capacity  of  Vice  American  Commercial  Agent. 

Q.  Are  the  documents  now  shewn  you  written  by  you  ? 

A.  I  believe  they  aje  copies  of  communications  made  by  me  to 
Mr.  Warner. 

II 


Q.  Do  you  conceive  that  the  sources  from  which  you  obtained 
the  information  contained  in  them  deserving  of  confidence  ? 

*3.  1  certainly  do  ;  most  of  it  is  from  declarations  on  oath,  and 
the  residue  from  respectable  houses  at  Matanzas,  and  merchants  in- 
timately acquainted  with  the  trade  of  that  country. 

Q.  How  many  and  what  American  men  of  war  touched  at  the 
island  of  Cuba  during  the  year  1824,  to  the  best  of  your  recollec- 
tion, carrying  specie  on  freight  7 

.•I.  I  cannot  answer  as  to  the  number,  nor  am  I  able  to  name 
the  vessels,  not  knowing  them  distinctly  ;  generally  speaking,  how- 
ever, all  the  vessels  on  the  stafion  ot  a  large  class.  Captain  Ken- 
nedy in  the  Hornet  refused,  and  Lieutenants  Shubrick  and  Ramage 
also  refused,  to  carry  any.  I  do  not  mean  to  say  that  this  was  their 
sole  occupation.  The  communications  I  made  to  Mr.  Warner  were 
made  in  consequence  of  the  clamour  of  American  merchants  and 
masters,  who  complained  of  the  want  of  convoy. 

Q.  For  what  length  of  time  were  the  vessels  of  the  squadron 
absent,  without  giving  convoy  at  the  Havana  ? 

.].  For  several  weeks  at  a  time.  This  occurred  I  think,  not 
more  than  once,  and  that  was  last  summer  This  long  absence  pro- 
duced the  clamour  that  1  have  spoken  of.  There  is  no  American 
merchant  at  Havana,  who  did  not  know  and  believe  what  I  have  sta- 
ted in  those  communications.  1  understand  that  the  vessels  of  the 
squadron  had  been  removed  by  the  orders  of  the  Government,  on 
account  of  the  sickly  season,  which  was  a  prudent  step.  1  do  not 
mean  that  the  officers  of  the  squadron  did  not  comply  with  their 
instructions,  but  it  was  known  at  Havana  that  the  neighbourhood 
was  for  some  time  deserted  by  them.  The  Americans  carry  on 
some  trade  in  the  Gulf  of  Mexico,  and  their  remittances  from 
that  quarter,  are  made  both  in  produce  and  specie. 

Q.  On  hearing  the  general  complaint  of  the  merchants,  did  you 
make  any  inquiry  as  to  the  disposal  of  the  force  under  Commodore 
Porter,  and  what  was  the  information  received  ? 

A.  I  did  inquire  on  one  or  two  occasions  when  vessels  touched 
there,  and  was  shewn  the  instructions  to  go  to  the  Gulf  of  Mexico 
to  protect  the  commerce,  and  touch  at  different  ports  there. 

Q.  Did  you  know  any  thing  of  the  nature  of  Commodore  Por- 
ter's instructions  ? 

A,  I  know  nothing  of  them. 

Q.  Was  the  conduct  of  those  officers  who  refused  to  take  specie,, 
approved  of  or  censured  by  the  merchants  ? 

J.  Much  approved  of. 

Q.  When  the  merchants  complained  of  the  want  of  protection, 
did  you  inform  Captain  Porter  or  any  other  officer,  of  those  com- 
plaints ? 

.0.  I  did  not  inform  Captain  Porter,  as  I  believe  he  was  at  that 
time  in  the  United  States,  nor  do  I  think  I  made  any  formal  com- 
munication on  the  subject,  as  I  thought  it  was  unnecessary,  as  I 
bjelieved  every  officer  would  do  his  duty  ? 


Q.  Was  the  conduct  of  those  officers  who  carried  upeoie  di-np- 
urovi-i!  t >r .' 

. /.    ^  •  -.  it  was. 

(•I.    I'l-l  vim  •  •  'it,  or  in  any  manner  aid  in  procuring 

specie,  to  be  carried  in  the  public  \ 

./    I  ii  i\  o  ilone  so. 

<£  By  the  expression  in  your  letter  of  October  30th.  "  the 
thirst  for  making  money  prevails  with  others  as  well  a«.  those  of 
th»-  i-la:i;l  of  Culi. i,  "  ditl  \ou  mean  to  apply  it  to  the  officers  gene- 
rally, or  to  any  parliciiUrly  ? 

Jl.   That  expression   was  not  originally  used  by  me,   it  was  the 
general  cry   at   Havana,  and   I   understood  it  to  apply  to  all 
i-  who  h. id  any   tiling  to  tin  with  the  transportation  of  -; 

The  Court  then  adjourned  till   11  o'clock,  to-morrow  mon 

THI'KSDAY,  MAY   19-rn. 

The  Court  met  pursuant  to  the  adjournment  of  ye«tor>lay  :  pre- 
-ent  ^ocate  submitted  to  the  Court  ;t 

from  the  Navy  Departm   nt.  \\hiijh  b 
annexed  to  the  record,  and  marked  (K.) 

Tin-  Court  then  adjourned  to  meet  at  <ia. !-!>>'*  Hotel,  in  the  • 
of  Washington,  at  one  oVIork  to 

Tin;  (.'onit  njft  .it  Ci  fM»y's  Hoti-l.  pur-uant  to  the  adjourntm-nt 
of  this  mornini:  :  present  as  before  ;  and  adjourned  to  meet  at  the 
,-,iine  place  to-uiorrow  moniinu;.  at  10  o'clock. 

FRIDAY,  MAV  1' 

The  Court  met  pursuant  to  adjournment  of  \ 
.,<  licfore.      The  .liiil^t-    ,\'l\  .n-.ii.1  read  and  submitted  to  tii«-  ' 
sundry  document-,  ,.v.   winch   were  read  and  annexed   t-»  t! 
cord.     The  rr;t.!mi:  of  them  continued  until  after  3  o'clock,  and 
the  Court  then  adjourned  till  to-morrow  morning,  at  9  o'clock. 

.  URDAY,  MAY  21sr. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent as  before,  and  proceeded  to  the  consideration  of  the  report  to 
de  to  the  Department.     At  threeo'clock,  the  Court  adjourned 
till  1- o'clock,  on  .Monday. 

MONDAY,  MAY  23o. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday,  and 
proceeded  to  the  further  consideration  of  the  report,  which  was 
agreed  upon  and  -liined,  and  annexed  to  the  record.  The  Court  ad- 
journed till  to-morrow  morning,  at  ten  o'clock. 


84 

TUESDAY,  MAY  24™. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday.  The 
Judge  Advocate  was  instructed  by  the  Court  to  transmit  the  record 
to  the  Department,  and  inform  the  Secretary  that  the  Court,  having 
finished  the  business  before  it,  awaited  his  further  orders.  A  com- 
munication was  received  from  the  Secretary  dissolving  the  Court, 
annexed  and  marked  (L,)  whereupon  the  Court  adjourned  sine  die. 

(I-) 

To  Captain  ISAAC  CHAU.\CEV,  President  of  the  Court  of  Inquiry,  now  silting 
at  the  ./Vary  Yard,  Washington. 

I  have  received  the  letter  of  the  Judge  Advocate,  transmitting 
the  proceedings  of  the  Court,  in  relation  to  the  landing  of  apart  of  the 
Naval  Forces,  under  the  command  of  Captain  David  Porter,  in  the  is- 
land of  Porto  Rico,  in  November  last. 

I  am  also  apprised,  that  Captain  Porter  has  entered  his  protest 
against  the  competency  of  the  Court,  and  declined  taking  further 
part  in  its  proceedings,  and  that  it  has  nothing  before  it. 

Circumstances,  connected  with  the  inquiry  into  the  manner  in 
which  the  Naval  forces  of  the  United  States,  under  the  command 
of  Captain  David  Porter,  were  employed  in  the  suppression  of  pi- 
racy, render  it  expedient  that  that  inquiry  should  not  fail  or  be  defeat- 
ed, because  the  officer  who  requested  it,  does  not  think  proper  to 
pursue  it  before  this  Court.  You  are  therefore  hereby  directed  to 
proceed  in  the  inquiry  indicated  in  the  precept,  according  to  its  terms, 
notwithstanding  the  objections  taken  by  Captain  Porter.  You  will 
inquire  into  the  manner  in  which  the  squadron  under  the  command  of 
CaptainPorter  has  been  employed,  duringthe  period  of  his  command, 
and  report  to  this  Department  the  facts  ;  and  whether  the  said  forces 
have  been  employed  in  the  suppression  of  piracy  in  the  most  effec- 
tive manner  in  which  they  could  be  employed,  in  conformity  with 
the  orders  and  instructions  from  this  Department ;  or  whether  they 
have  been  engaged  in  objects  of  inferior  moment,  to  the  injury  of 
the  public  service  :  all  which  you  will  transmit  to  this  Department, 
to  be  submitted  to  the  President  of  the  United  States,  for  his  consid- 
eration. 

Herewith,  you  will  receive  a  list  of  the  witnesses  to  whom  or- 
ders have  been  given  to  report  themselves  to  the  Court,  and  such 
documents  as  appear  to  be  connected  with  the  subject  of  inquiry, 
shall  be  transmitted  as  soon  as  they  can  be  prepared. 

Should  it  appear,  in  the  progress  of  the  investigation,  that  other 
testimony  within  the  control  of  the  Department  will  be  required, 
it  shall  be  furnished  with  as  little  delay  as  practicable. 

Given  under  my  hand,  and  the  seal  of  the  Navy  Department  of  the  Uni- 
.  -  ted  States,  at  the  City  of  Washington,  this  tenth  day  of  May,  in  the 

" '  year  of  our  Lord  one  thousand  eight  hundred  and  twenty-five,  and  of 
the  Independence  of  the  United  States  the  forty-ninth. 

SAM.  L.  SOUTHARD. 


(K.) 

To  ISAAC  CHAVIVCKY,  Etq    President  of  the  Aara/  Court  of  Inquiry,  now 
in  Sesnon  at  the  .Vary   Yard  at  Washington. 

Sin:  I  have  received  a  letter  from  Richard  S.  Coxe,  Esquire, 
Jud^e  Advocate  of  the  Court,  dated  the  18th  mst.  in  which  he  in- 
forms me  "  that  the  Court  has  completed  the  examination  of  all 
the  witnesses  who  have  appeared  before  it,  and  inquiring  whether 
any  objection  exists  to  the  adjournment  of  the  Court  to  some 
other  place  more  convenient  than  the  Navy  Yard,  for  the  comple- 
tion of  the  business.  " 

It  is  not  perceived  that  any  inconvenience  or  impropriety  can  re- 
sult in  the  present  situation  of  the  business  before  the  Court,  from  a 
change  in  the  place  of  meeting.  You  are  therefore  hereby  au- 
thorized. should  the  Court  consider  it  expedient  BO  to  do,  to  adjourn 
to  any  other  public  place  within  the  limits  of  the  City  of  Washing- 
ton, taking  care  to  give  proper  notice  of  the  change,  and  hereafter 
to  hold  your  meetings  at  the  place  to  which  you  shall  have  adjourn- 
ed. i  am,  rcMM-ctfully,  &c. 

SAM'L  L.  SOUTHARD. 

NAVY  DF.rARTiiF.frT,  May  19/A,  1893. 


WAVT  DEPARTMENT,  May  24. 

SIR  :  The  letter  of  the  Judge  Advocate,  of  this  date,  transmit 
ting  the  record  of  the  proceedings  of  the  Court  of  Inquiry,  in  the 

•jf  Captain  David  Porter,  has  been  received. 
The  Department  has  no  further  documents  to  communicate.    The 
'  '"';rt  is,  therefore,  hereby  dissolved,  and  the  officers  composing  it 
will  resume  their  respective  stations. 

1  am,  very  respectfully,  sir,  your  ob't  servant, 

.-\M'L  L.  SOUTH  AKL). 
Com.  ISAAC  CIIACXCET,  President  Court  oj  Inquiry. 


To  ISAAC  CBAVNCEY,  Esacme, 

Captain  m  t/ie  ./Vary  of  the  United  States: 

It  having  been  made  to  appear  to  the  President  of  the  United 
- .  that  on  or  about  the  fourteenth  day  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty-four,  David  Por- 
ter. Ksquire,  a  Captain  in  the  Navy  of  the  United  States,  then  in 
command  of  the  Naval  forres  of  the  United  States  in  the  West  Indies 
and  Gulf  of  iMexico,  dtd,  with  a  part  of  the  military  t<>rro  under  hi« 
command,  forcibly  land  upon  the  inland  of  Porto  Rico,  a  part  of  the 
dominions  of  his  Catholic  Majesty  the  King  of  Spain,  then  and  still 
at  peace  and  in  amity  with  the  Government  of  the  United  Stat^-. 
and  did  then  and  there  commit  acts  of  hostility  within  the  territories 
and  against  the  subjects  of  the  £»id  King  of  Spain. 

The  President  of  the  United  States  has  deemed  an  inquiry  into 
the  conduct  of  the  said  David  Porter  on  that  occasion,  a-;  well  as 
into  the  causes  which  led  to  the  same,  to  be  necessary  and  proper. 


86 

And  whereas  certain  representations  have  been  made  to  the 
Government  of  the  United  States,  in  regard  to  the  employment  of 
the  Naval  forces  of  the  United  States,  in  the  West  Indies  and  Gulf 
of  Mexico,  setting  forth  in  substance,  that  in  the  jear  one  thousand 
eight  hundred  and  twenty-four,  the  said  Naval  forces  were  not  em- 
ployed in  the  suppression  of  piracy  in  the  most  effective  manner, 
but  were  employed  in  the  transportation  of  specie  and  in  other  ob- 
jects of  inferior  moment,  to  (he  neglectof  the  public  interests,  and 
the  said  David  Porter  considering  his  conduct  and  character,  as  the 
commander  of  said  forces  to  be  thereby  implicated,  has  requested 
of  this  Department  that  an  inquiry*  be  made  into  the  truth  of  said 
representations. 

The  President  of  the  United  States,  in  consideration  of  the  pre- 
mises, has  charged  me  to  convene  a  Court  of  Inquiry  for  the  pur- 
pose of  examining  into  the  matters  aforesaid. 

You  are  therefore  hereby  ordered  to  proceed  to  the  Navy  Yard 
at  the  City  of  Washington,  on  or  before  the  second  day  of  May  next, 
to  act  as  a  member  of  said  Court,  and  to  officiate  as  the  President 
thereof. 

Orders  are  also  transmitted  to  Captain  William  M.  Crane,  and 
Captain  George  C.  Read,  to  appear  at  the  time  and  place  aforesaid, 
and  Richard  S.  Coxe  Esquire  is  also  appointed  Judge  Advocate,  and 
will  report  himself  to  you  in  that  capacity  at  the  time  and  place 
aforesaid. 

And  the  said  Court  is  hereby  required  to  convene  and  organize 
at  the  said  Navy  Yard  at  Washington,  on  the  said  second  day  of 
May,  and  is  authorized  and  directed  to  summon  before  it  such  per- 
sons as  may  be  deemed  necessary  to  give  information  touching  the 
matters  aforesaid  ;  and  is  also  empowered,  authorized  and  directed, 
diligently  and  strictly  inquire  into  the  said  matters,  to  make  a  state- 
ment of  the  facts  in  relation  to  the  same,  as  they  sh;dl  appear  to  the 
Court,  and  particularly  to  examine  into  and  report  the  causes,  which 
led  to  the  conduct  of  the  said  David  Porter  at  the  island  of  Porto 
Rico  before  mentioned,  and  to  ascertain  and  report  whether  the 
Naval  forces  of  the  United  States  were  employed  in  the  most  effec- 
tive manner  in  the  suppression  of  piracy,  or  in  objects  of  inferior 
moment,  to  the  neglect  of  the  public  interests  :  all  which  you  will 
transmit  to  this  Department,  to  be  submitted  to  the  President  of  the 
United  States  for  his  consideration.  And  for  your  so  doing,  this 
shall  be  to  you,  and  to  all  concerned,  a  sufficient  warrant. 

Given  under  my  hand  and  the  seal  of  the  .Navy  Department  of  the  Uni- 
,.  ted  States  at  the  City  of  Washington,  this  nineteenth  day  of  April,  in 

''   the  year  of  our  Lord  one    thousand  eight  hundred  and  twenty  five, 
and  of  the  Independence  of  the  United  States  the  forty-ninth. 

Signed,        SAM'L  L.  SOUTHARD, 


The  Court  having  maturely  deliberated  upon  llie  precept,  llic  com- 
munication from  tin-  honourable   tin-  3  ,,:Y  OK    in 

dated  the  tenth  instant,  and  the  evidence.  which  has  been  submit' 
toil,  HL;rt.i_'   in  th«:  following 

:-.T  : 

Tin-  Court,  in  obedience  to  the  precept  and  instructions  of  the  ho- 
nourable th<-  Secretary  of  tin-  Navy  hiving  inquired  into  the  manner  in 
which  trio  squadron  under  the  command  of  CapMin  I'orter  lias  been 
employed,  dnrini;  the  period  of  liis  command;  and  whether  the  said 
forces  have  heen  employed  in  tin-  snppiession  of  piracy,  in  the  most 
effort  ive.  manner  in  which  they  could  be  emplo\rd,  in  conformity  with 
iers  and  instructions  from  the  Department  of  the  \.i\\,  or 
whether  they  have  hem  enLfai:ed  in  ohjrrts  of  inferior  moment,  to  tin: 
injury  of  the  public  service;  and  h  ivini:  maturely  considered  tl; 
umony  which  has  been  laid  before  tin-  Court,  reports  the  following 
stati-mi'nt  as  the  result  of  this  investigation  : 

It  n  the  Court,  that    in    the  .    iar.y  hail 

orjani/ed  int-i  i  -ystem  in  the  West-India  se^s,  pr<'\iui:  upon  the 
'•uaunenv  nf  i'\'iy  cnnntry  trading:  in  that  quarter.^  1  )  In  con^e- 
tjnence  of  these  t\ns<(^.  an  act  of  ('on^rr^  uly  in  the 

succeediiiL1  •  authorizing  an  additional  naval  mm;   for  i(>  »up- 

on."   This  law  appe  Hi  to  h:tve  bt-t-n  acti-d  upon  in  both  II 
wiih   great  promptness,  f'Jy  and    to  have  been  approved  on  the    'JOtli 
15v  tliis  art   the    sum  of  $ir>0,000  was    appro- 
i  for  the  purclnse  and  constrnrt'uui  of  Is   ;is  mi-^ht  be 

dei-mi-d  ^uiiabl--  for  that  particular  object,  and  to  fit  and  rrmip  them 
for  imniediat.  S«M  v 

In  the  preparation  of  this  force,  Commodore  Porter  was  personally 
and    actively  employed,  ind  sacli  despit^h  w:is  iKt-d,that  on  the   IJlh 
j'lailron,  consisting  of  i\:     P  ';    sloop  of  war,  the 

t  (lull,   the  (irevhonnd  of  ti.">  ton<,  (In- 

17"'  tons,  the  Ferret  of.M  tou<,  the  Fo\  ol'.".  1  tmi>.  the  J.trkall  of  47 
CdnS,  the  Wild  Cat  of  I,  t,,n^,  th-1  'V<  ions,  tlie  \Vea/f-l  of 

:  s.the  Beagle  of  ~>2  tons,  aud  the  ship  Decoy,  sailed  from  Hamp- 
ton Hoads. 

The  instruction*  from  the  lion.   Smith  Thompson,  thf  Secretary'  of 

the  Navy,  to  Commodore   Porter,  dated  February  1  ,  .       .te  the 

•s  for  which  the  squadron  under  his  command   !;  -quip- 

ped, ami  the  directions    he  w.is  to  pursue  in   the  attainment  of  tho-e 

ends.     These   objects  apfiear  to    be   the  su|  ,-iracy  —  the 

!in<j   efiectiial   protection   to   the   cit:7.<Mis    and    commerce   of  the 

I'niied    Stair>  —  the    snpj,r>-s«.ion  of  the  slave  trade,  and  the  transpor- 

lation  of  -pi-i-ie  to  the  t'nitrd  ^ 

In  these   instructions  it   was    specially   enjoined  upon  Commodore 


'1)1'  roiinrrsv,  of   l>,  r  '. 

-.«  K  t  iVmn  the  Jo'irn-ils  ol  t.o'li  •!• 
(3)  An  nnili.ii  i  • 
'4J  - 


88 

JPorter  to  observe  the  utmost  caution,  in  protecting  our  commerce 
against  all  unlawful  interruption,  and  in  guarding  the  rights  both  of 
persons  and  property  of  the  citizens  of  the  United  States,  not  to 
encroach  upon  the  rights  of  others,  and  to  conduct  himself  in  his 
intercourse  with  any  foreign  power  with  as  much  moderation  and  for- 
bearance as  is  consistent  with  the  honour  of  the  country  and  the  just 
claims  of  its  citizens.  The  cultivation  of  harmony  and  a  good  under- 
standing with  any  foreign  naval  force  engaged  in  the  suppression  of 
piracy,  is  strongly  recommended.  The  establishmet  of  a  depot  at 
Thompson's  Island  or  Key  West,  is  likewise  directed  in  the  exercise 
of  a  proper  discretion. 

It  is  particularly  enjoined  by  the  Department  upon  Commodore 
Porter  to  announce  his  arrival  and  object  to  the  authorities  of  the 
Island  of  Cuba,  and  to  obtain  as  far  as  practicable  their  co-operation, 
or  at  least  their  favourable  and  friendly  support. 

Another  subject  to  which  the  attention  of  the  squadron  is  particu- 
larly called,  is,  the  protection  of  the  convoy  of  specie  from  Vera  Cruz 
and  the  Bay  of  Mexico,  generally,  to  the  United  States.  One  vessel 
at  least,  is  directed  to  be  kept  on  this  service,  to  be  at  or  near  Vera 
Cruz,  during  the  healthy  season  of  the  year,  and  to  be  relieved  as 
occasion  shall  require,  both  for  the  convoy  of  trade  and  to  bring  spe- 
cie to  the  United  States,  confining  the  transportation  to  the  United 
States  only. 

On  the  26th  February,  Commodore  Porter  issued  his  general  in- 
structions to  his  different  officers,  for  their  direction  and  government. 
These  instructions  are  in  substance  a  transcript  of  those  received  by 
him  from  the  Department,  more  minute  in  their  details,  but  varying 
iVom  them  in  no  essential  particular. 

The  principal  object  of  the  expedition  being  the  suppression  of 
piracy,  which  had  assumed,  in  the  seas  designed  for  the  sphere  of  his 
operations,  an  appearance  of  system  and  organization,  and  an  extent 
\yhich  required  the  utmost  vigour  and  vigilance  to  break  it  down, 
Commodore  Porter  appears,  from  the  moment  of  his  appointment  to 
the  command  of  the  squadron,  to  have  devoted  his  attention  most 
zealously  to  the  accomplishment  of  that  object.  After  arriving  in 
the  West-Indies,  and  dividing  his  force  into  separate  detachments, 
they  were  despatched  in  various  directions  in  pursuit  of  pirates  and 
piratical  establishments. 

The  letter  from  Commodore  Porter  to  Mr.  Warner,  the  American- 
Commercial  Agent  at  Havana,  dated  "off  Matanzas,  March  26th, 
1823,"  affords  a  brief  sketch  of  his  proceedings  to  that  date.  He  says, 
<(  I  am  now  bound  into  Matanzas  to  wait  for  the  boats  of  this  ship, 
(the  Peacock,)  which,  with  the  greater  part  of  the  crew  and  some 
small  sch'rs,  have  been  near  a  week  absent  among  the  Keys  on  the 
south  side  of  the  Old  Streights.  We  have  examined  all  the  Keys  on 
the  other  side,  and  have  thoroughly  sounded  the  north  side  of  Porto 
Rico,  St.  Domingo,  and  Cuba,  as  far  down  as  Cayo  Confites.  I  have 
sent  small  vessels  down  the  north  side  of  these  islands,  to  examine 
every  place  where  a  pirate  would  be  likely  to  be  found,  and  have 


89 

•Despatched  the  Shark  to  scour  the  coast  from  Caraccas  to  La  Vera 
Cm/..     I  liavc  mail'  the  most  of  the  force  under  my  command." 

The  instructions  to  Lieut.  M.  C.  Perry,  dated  at  Aguada,  March 
llth,  1823,  sufficiently  show  the  nature  of  the  service  on  which  the 
Shark  was  specially  despatched  to  the  Gulph  of  Mexico. 

The  report  made  by  Commodore  Porter  to  the  Secretary  of  the 
jVivy,  under  date  of  the  28th  March,  1823,  exhibits  a  view  of  the 
difficulties  to  which  he  had  been  subjected,  what  had  been  done  up 
to  that  period,  and  the  employments  of  his  squadron.  About  the 
beginning  of  April  he  arrived  at  Thompson's  Island  or  Key  West. 

In  addition  to  the  more  active  operations  of  the  squadron  in  the 
accomplishment  of  the  objects  of  the  expedition,  communications  were 
made  to  the  constituted  authorities,  in  obedience  to  the  instructions 
from  the  Department  ;  the  objects  and  designs  of  the  Government 
were  fully  and  distinctly  announced,  and  the  co-operation  of  the  local 
authorities  requested. (5)  A  good  understanding  appears  to  have 
been  assiduously  cultivated  with  the  commanders  and  officers  of  a 
British  squadron  at  that  time  in  the  West  Indies,  which  successfully 
furthered  the  objects  in  view,  and  was  productive  of  mutual  advan- 
tage. (6) 

It  appears  that  when  Commodore  Porter  tailed  from  the  United 
States,  several  vessels  of  war  were  cruising  in  the  seas  to  which  he 
was  destined,  to  whom  orders  were  despatched  to  report  themselves  to 
Lim,  and  to  place  themselves  under  his  command,  to  aid  in  the  execu- 
tion of  the  duties  enjoined  on  him.  This,  however,  did  not  take 
place,  and  the  immediate  consequence  resulting  from  their  absence 
was  the  inability  of  Commodore  Porter,  with  the  force  at  his  disposal, 
fully  to  execute  all  the  objects  which  he  had  contemplated.  The  ex- 
planation of  this  circumstance  is  given  in  the  letters  from  the  Secre- 
tary «f  the  Navy  of  June  7th,  1823. 

During  the  continuance,  however,  of  this  state  of  things,  the  ope- 
rations of  the  squadron  were  necessarily  more  limited  than  had  beeo 
originally  designed  ;  and  a  portion  of  the  vessels,  instead  of  being  ac- 
tively engaged  in  pursuing  pirates  into  the  different  haunts  in  which 
they  took  refuge,  were  diverted  from  this  object,  for  which  they  were 
specially  equipped,  to  the  not  less  important  oue  of  affording  convoy 
to  merchant  vessels. 

In  consequence,  also,  of  the  very  limited  number  of  men  attached  to 
the  squadron,  it  became  necessary  to  have  the  Peacock  sloop  of  war 
and  Decoy  laid  up  at  Key  West,  and  their  officers  and  crews  were  em. 
ployed  for  a  time  in  the  smaller  vessels  and  barges.  A  port  0:1  of  the 
force  was,  also,  necessarily  occupied  in  tin-  rn-ction  of  suitable  build- 
ings, and  in  preparing  the  island  for  the  reception  and  accommoda- 
tion of  the  forces  employed  in  the  expedition.  These  various  cii- 
cuncstances  did  unquestionably  operate  to  divert  the  squadron  from 
the  suppression  of  piracy  ;  but  it  appears  to  the  Court  that  the  afford- 
ing of  convoy  to  the  merchant  vessels,  and  the  preparing  accommo- 

''•>.)  Letters  to  the  Governors  of  Cuba  and  Porto  Rics 
Correspondence  with  British  O(fieT?r« 

52 


90 

dations  at  the  island,  cannot  be  considered  as  objects  of  inferior  mo- 
ment, or  which  the  public  service  would  permit  to  be  lost  sight  of,  di1 
even  postponed. 

It  likewise  appears  to  the  Court,  that  from  the  period  that  this 
squadron  arrived  in  the  West  Indies,  the  pirates  changed,  in  a  great 
degree,  both  their  character  and  their  haunts.  Instead  of  cruising  in 
open  day,  in  vessels  of  considerable  magnitude,  they  abandoned  this 
open  and  avowed  system  of  piracy,  and  for  some  considerable  period 
of  time,  until  a  new  system  of  operations  could  be  organized,  either 
entirely  disappeared,  or  resorted  to  new  places  for  the  carrying  on 
their  depredations. 

Immediately  upon  the  arrival  of  Commodore  Porter  at  Thomp- 
son's Island,  he  commenced  the  necessary  works  on  shore,  and  an  ex- 
pedition was  prepared  and  despatched  under  the  command  of  Capt. 
Cassiu,  in  quest  of  a  supposed  pirate,  who  had  been  seen  a  few  days 
previous  in  the  neighbourhood  of  the  Island  of  Cuba.  The  reports  of 
Lieut.  Stribling,  who  succeeded  in  effecting  in  a  very  gallant  manner 
the  capture  of  the  vessel  which  had  been  the  object  of  suspicion, 
dated  the  8th  April,  1823,  of  Capt.  Cassin  of  the  9th  of  the  same 
month,  and  of  Com.  Porter  of  the  16th,  exhibit  a  full  and  correct  ac- 
count of  their  several  operations  during  the  intervening  period  of 
time. 

The  peculiar  character  of  the  service  in  which  the  squadron  was 
employed,  has  been  fully  detailed  in  the  reports  made  to  the  Depart- 
ment and  in  the  testimony  submitted  to  the  Court.  A  large  por- 
tion of  the  officers  and  men  was  employed  in  the  small  schooners 
and  in  open  boats — in  a  severe  climate — exposed  to  the  heat  of  a  tro- 
pical sun  by 'day,  and  to  the  not  less  dangerous  dews  and  exhalations 
at  night.  The  vessels  themselves,  from  their  size,  were  destitute  of 
suitable  accommodations,  and  the  operations  in  which  they  were  en- 
gaged necessarily  imposed  incessant  fatigue  and  constant  exposure. 
One  fact  may  be  deserving  of  particular  notice,  as  exhibiting  a  speci- 
men of  the  nature  of  this  service.  It  is  in  evidence  before  the  Court, 
that  Lieut.  Platt  was  employed  for  sixty-eight  successive  days  in  an 
open  barge,  on  the  North- West  Coast  of  Cuba,  in  the  examination  of 
the  inlets,  bays,  keys,  and  other  places  of  piratical  resort.  Two  of 
the  schooners  were  occupied  in  giving  convoy  off  the  Havana,  which 
were  relieved  by  others  whenever  required.  The  barges  under  Capt. 
Cassin  were  engaged  in  a  laborious  and  critical  search  after  pirates 
and  piratical  establishments  ;  and  during  this  period  all  the  dispo- 
sable force  under  the  command  of  Com.  Porter  appears  to  have  been 
actively  occupied  in  the  important  objects  entrusted  to  his  care. 

On  the  24th  April,  Commodore  Porter,  after  detailing  the  circum- 
stances attending  an  expedition  in  which  he  had  been  engaged,  states 
his  belief,  that  there  was  not  at  that  time  a  pirate  afloat  on  that 
part  of  the  Coast  of  Cuba  (Matanzas)  larger  than  an  open  boat,  and 
even  that  is  doubtful.  About  the  same  period,  Capt.  Cassin  was 
employ-  d  in  the  Fox,  and  with  the  barges,  in  a  careful  examination  of 
all  that  part  of  the  Coast  of  Cuba  to  the  westward  of  Havana,  through 
the  reefs,  and  in  the  inlets ;  in  the  course  of  which  two  piratical 


91 

vessels  were  pursued  and  captured,  and  their  establishments  on 
shore,  consisting  of  live  huts^  destroyed — the  pirates  themselves  suc- 
ceeding in  effecting  their  escape,  in  consequence  of  the  nature  of  the 
ground,  which  rendered  a  continuation  of  the  pursuit  on  shore  im- 
practicable. 

On  the  10th  of  May,  Com.  Porter  reports  his  proceedings  during 
the  intervening  time,  and  the  operations  in  which  the  squadron  were 
then  engaged.  The  result  was  "  the  capture  of  a  piratical  schooner 
and  a  very  fine  felucca,  the  destruction  of  one  on  shore,  the  burning 
of  three  schooners  in  the  Rio  Palmas,  and  about  a  dozen  houses  in 
the  different  establishments  to  leeward  of  Bahia  Honda,  and  inside 
of  the  Colorados  reefs  ;  and  what,"  he  continues,  "  will  be  of  no 
little  importance  in  all  our  future  operations,  a  most  thorough  and  in- 
timate acquaintance  with  the  whole  line  of  coast  fromCayo  Blanco, 
in  the  east,  down  to  Cape  Antonio,  in  the  west." 

Another  expedition  was  immediately  despatched  under  the  com- 
mand of  Lieut.  \\";I!M'II,  \\ ho,  after  a  strict  examination  of  the  coasts 
ami  islands  from  Cayo  Francis  to  Cayo  Blanco,  in  the  vicinity  of 
'•  1 1  yen  cos,  discovered  In  Siguapa  Bay  a  piratical  schooner,  which, 
after  a  gallant  action,  peculiarly  destructive  to  the  pirates,  he  succeeded 
in  capturing,  without  having  sustained  on  his  part  the  slightest  injury. 
Jli-  report  of  the  expedition,  dated  July  llth,  contains  a  narrative  of 
the  circumstances 

During  the  same  period,  two  of  the  schooners,  under  the  command 
of  Lieut.  Skinner,  were  engaged  in  giving  convoy  from  Havana  ;  two 
were  careened  at  Thompson's  Island ;  and  such  was  the  want  of 
men  that  it  became  impossible  to  man  all  the  barges,  some  of  which 
were,  consequently,  laid  up. 

On  the  liih  May,  the  Peacock  sailed  from  Thompson's  Islam!. 
to  relieve  the  Shark  in  the  Gulf  of  Mexico,  in  pursuance  of  tho 
instructions  of  the  7th  May.  The  particulars  of  this  cruise  are  detail- 
ed by  Captain  Cassin  in  his  testimony  before  the  Court. 

So  successfully  had  the  squadron  during  this  period  accomplish- 
ed the  objects  for  which  it  had  been  sent,  that,  on  the  19th  May, 
Com.  Porter  felt  himself  authorized  to  state  to  the  Department  that 
"  not  a  single  piratical  act  had  been  committed  on  the  coast  of  Cuba 
since  he  had  organized  and  arranged  his  forces." 

On  the  22d  of  the  same  month,  he  states  that  be  is  "  left  at  Thomp- 
son's Island  alone  with  the  Sea  Gull,  one  small  schooner  being  engag- 
ed in  the  protection  of  commerce  off  Havana  ;  another  at  Matanzas; 
two  coming  in  for  repairs,  and  all  the  others  cruising  for  pirates  on  the 
south  side  of  Cuba,  and  in  the  Old  Streights  of  Bahama."  Early  in 
June,  accounts  having  been  received  that  a  piratical  schooner  had 
captured  two  vessels  on  the  south  side  of  Cuba,  the  Grey  Hound,  under 
command  of  Lieut.  Kearney,  was  despatched  in  pursuit ;  whose  report 
of  his  cruise  is  dated  August  10th. 

At  this  period,  such  was  the  incessant  occupation  of  the  squadron 
under  command  of  Commodore  Porter,  so  widely  dispersed,  and 
such  its  deficiencies  in  strength,  that  he  was  compelled  to  discontinue 
for  a  time  the  practice  of  giving  convoy  off  Havana,  and  to  bestow 


92 

a  more  undivided  attention  to  the  pursuit  and  destruction  of  pirates.- 
The  continual  presence  of  a  vigilant  force  had  rendered  the  north 
coast  of  Cuba  comparatively  safe  from  their  depredations,  and  they 
had  retired  to  other  scenes,  into  which  it  became  necessary  to  follow 
them. 

On  the  14th  June,  Lieutenant  Newell,  in  the  Ferret,  sailed  on 
a  cruise  to  Trinidad,  on  the  south  side  of  Cuba.  In  the  course  of  a 
few  days,  he  fell  in  with  an  armed.piratical  barge,  and  captured  two 
boats,  the  barge  escaping  up  a  lagoon  in  which  it  was  impracticable 
to  continue  the  pursuit.  The  particulars  of  the  expedition  appear  in 
his  report  of  June  25th. 

In  July,  the  Grampus,  under  the  command  of  Lieutenant  Grego- 
ry, arrived  at  Thompson's  Island,  and  joined  the  force  under  Commo- 
dore Porter  :  the  details  of  his  previous  operations  appear  in  his  re- 
port of  the  3d  July. 

Lieutenant  Ritchie  was  then  despatched  to  the  coast  of  Yucatan, 
under  orders  of  July  8th,  to  ascertain  the  situation  and  character  of  a 
supposed  piratical  establishment  in  that  quarter  ;  and  on  the  29th 
August  reported  the  circumstances  of  his  expedition. 

Shortly  after  the  transactions  that  have  been  detailed,  the  yellow 
fever  made  its  appearance  at  Thompson's  Island,  and  in  the  squadron. 
The  fatal  consequences  are  stated  in  the  report  made  by  the  Secre- 
tary of  the  Navy  to  the  President  of  the  United  States,  under  date 
of  the  21st  September,  1823,  and  in  the  reports  of  Commodore  Rod- 
gers,  and  the  Physicians  who  accompanied  him  to  make  an  examina- 
tion ofthe  island,  annexed  to  the  record.  Commodore  Porter  himself, 
by  authority  of  the  ^Department,  and  suffering  from  the  effects  of  an 
attack  of  the  fever,  left  the  West-India  seas,  with  a  considerable  por- 
tion of  his  foice,  and  returned  to  the  United  States,  as  a  necessary 
measure  for  the  restoration  of  the  health  of  the  squadron.  To  such 
an  extent  had  this  disease  carried  its  ravages,  that  it  was  considered 
prudent  to  direct  the  John  Adams  and  Peacock  to  keep  in  company 
during  their  homeward  route,  for  the  purpose  of  affording  mutual  pro- 
tection. 

The  general  result  ofthe  operations  of  this  season  may  be  found  in 
the  report  made  to  the  Department,  by  Commodore  Porter,  on  the 
19th  November.  In  this  paper,  it  is  stated  that,  "  on  the  arrival  of 
the  squadron  at  Cuba,  piracy  was  found  in  full  force :  but  by  the 
extraordinary  activity  and  diligence  of  the  officers  and  men  under 
his  command,  it  was  in  less  than  two  months  as  effectually  suppress- 
ed as  it  will  be  for  several  years."  It  is  further  stated,  "  At  present 
I  have  no  knowledge  of  the  existence  of  any  piratical  establishment, 
vessels  or  boats,  or  of  a  pirate  afloat  in  the  West-Indies  and  Gulph  of 
Mexico.  They  have  all  been  burned,  taken,  destroyed,  and  driven  to 
the  shore." 

In  reviewing  the  operations  of  the  squadron  during  this  period  of 
time,  it  appears  to  the  Court  that  Commodore  Porter,  and  the  forces 
under  his  command,  were  fully  entitled  to  the  high  commendations 
bestowed  on  them  by  the  Department,  in  the  letter  of  the  28th  Oct. 
1823. 


93 

During  the  absence  of  Commodore  Porter  in  the  United  States, 
the  evidence  before  the  Court  throws  but  comparatively  little  light  upon 
the  general  operations  of  the  squadron.  By  the  instructions  from  the 
Department,  of  October  28th,  Commodore  Porter  was  directed,  if 
the  state  of  his  health  would  permit,  to  take  upon  himself  the  general 
superintending  direction  of  the  equipment  of  the  vessels  of  his  squad- 
ron, then  at  Washington  and  Norfolk.  It  appears  that  the  Peacock, 
John  Adams,  Sea-Gull,  Beagle,  Grampus,  Wild  Cat,  Weazel,  and 
Porpoise,  were  in  the  United  States  during  different  portions  of  that 
time,  undergoing  repairs  and  recruiting  their  crews,  ai.J  as  soon  as 
they  could  be  equipped,  most  of  these  small  vessels  resumed  their  sta- 
tions, and  returned  to  the  accomplishment  of  the  general  duties  enjoin- 
ed on  them.(7) 

Commodore  Porter  sailed  in  the  month  of  February,  in  the  John 
Adams.  From  the  testimony  of  Captain  Dallas,  and  the  report  of 
Commodore  Porter  of  April  8th,  it  appears  that  she  touched  ;n  St. 
Bartholomews,  St.  Christophers,  and  St.  Thomas  ;  examined  the 
south  coast  wf  Porto  Rico,  looking  in  at  the  Dead  Man's  Chest,  and 
Ponce,  touching  at  Mona,  St.  Domingo,  Brata,  and  Kingston,  making 
diligent  inquiries  and  examinations  for  piratical  vessels,  and  offering 
convoy  and  protection  to  vessels  of  all  nations  from  piratical  aggres- 
sions." 

By  the  letters  of  the  Secretary  of  the  Navy,  of  May  17th,  1824, 
and  May  31,  1824,  it  appears  that  considerable  difficulties  and  de- 
lays in  preparing  an  additional  force  had  been  experienced.  This  arose 
from  the  Kite  period  of  the  session  of  Congress  at  which  the  appro- 
priation bill  was  passed.  It  became  impossible,  before  an  advanced 
period  of  the  season,  to  commence  preparing  those  vessels  which  it 
had  been  designed  to  unite  to  the  squadron.  It  is  to  this  circumstance 
that  the  unexpected  absence  of  the  Hornet  and  Porpoise  from  tin- 
U  <  >t-India  seas  is  attributed. 

During  .the  month  of  April,  an  expedition  was  detached  under 
command  of  Captain  Wilkinson,  in  quest  of  pirates,  and  the  report  of 
that  officer,  dated  the  J  Hl»  of  that  month,  details  his  operations.  Lt. 
John  H.  Lee,  with  the  Jackall  and  Wild  Cat,  sailed  on  the  2G(h  April, 
and  on  the  12th  May  reports  the  circumstances  attending  his  cruise. 
The  John  Adams  was  despatched  to  theGulph  of  Mexico,  and  her  op- 
erations in  that  quarter  arc  stated  in  the  testimony  of  Captain  Dallas. 
The  Sea  Gull,  Terrier,  Spark,  Grampus,  and  Ferret,  appear  to  have 
been  in  the  neighbourhood  of  Cuba  and  Thompson's  Island,  furnish- 
ing convoy,  and  engaged  in  the  pursuit  of  pirates.  On  the  28th 
M.i\.  Commodore  Porter  informs  the  Department  that  the  fever  had 
made  its  appearance  at  Thompson's  Island,  and  that  he  purposed 
removing  the  principal  part  of  his  forces  to  the  north,  about  the  mid- 
dle of  the  succeeding  month.  This  letter  appears  to  be  the  only  noti- 
fication sent  to  the  Department  of  such  intention,  and  it  was  not  re- 
reived  at  Washington  until  June  'Jith.  the  day  on  which  Commodore 
Porter  reached  the  same  place,  on  his  return  from  the  West  Indies, 

(7)  General  Orders,  of  !Sov.  8,  1823.  Letter  from  the  Secretary  of  the  >'avy, 
Dec.  3,  1C^3. 


94 


as  appears  by  bis  letter  of  the  2ath  of  that  mouth.  On  the  19th 
he  is  directed  to  despatch  the  Shark,  Grampus,  and  Spark,  to  their 
station,  as  speedily  as  possible,  and  they,  as  well  as  other  vessels, 
received  orders  to  that  effect. 

On  the  14th  October,  the  Secretary  of  the  Navy  informs  Commo- 
dore Potter  that  "  it  is  deemed  expedient  by  the  Executive  that  you 
return  as  speedily  as  possible  to  your  station  in  the  John  Adams."  On 
the  21st  October  he  was  again  ordered  to  repair  to  his  station,  and 
on  the  24th  of  the  same  month  he  proceeded  to  sea  in  the  John  Ad- 
ams. Immediately  after  his  arrival  in  the  West  Indies,  the  occurrence 
took  place  at  Foxardo,  which  has  already  been  fully  detailed  in  the 
report  made  by  this  Court  in  the  first  branch  of  the  inquiry  directed 
to  be  made,  and  which  is  considered  as  wholly  unconnected  with  this 
investigation.  A  minute  examination  was  again  made  of  the  south 
coast  of  Cuba,  which  being  effected,  the  John  Adams  repaired  to 
Thompson's  Island.  An  expedition  was  immediately  organized,  and 
proceeded,  under  the  command  of  the  Commodore  in  person,  in  quest 
of  pirates.  Before  his  return  from  this  expedition,  orders  were  re- 
ceived, dated  the  27th  Dec.  directing  his  return  to  the  United  States, 
with  which,  as  soon  as  the  officers  and  men  of  the  John  Adams  engaged 
in  the  last  mentioned  expedition  returned  to  their  vessel,  he  complied. 

Atthe  time  that  Commodore  Porter  leftthe  West  India  seas  in  June, 
1824,  the  schooners  Ferret  and  Terrier,  with  a  barge,  were  left  to 
cruise  between  Thompson's  Island,  Havana,  and  Matanzas,  and  they 
appear  to  have  been  actively  occupied  during  his  absence  in  giving 
convoy  from  Havana  and  Matanzas,  and  in  exploring  the  neighbouring 
coasts  for  pirates.  Other  vessels  occasionally  arrived  in  that  vicinity 
during  the  same  interval,  and  were,  for  periods  of  different  length,  em- 
ployed for  the  same  objects.  The  Beagle  was  engaged  in  cruising  and 
giving  convoy  in  various  directions  in  the  neighbourhood  of  St.  Tho- 
mas, and  appears  to  have  kept  that  quarter  perfectly  safe  from  pirat- 
ical depredations.  In  another  quarter  the  Weazel  was  accomplishing 
the  same  ends. 

The  absence  of  many  of  the  officers  engaged  in  the  Squadron  dur- 
ing the  symmer  of  1824  —  the  want  of  official  reports  of  their  sev- 
eral operations,  and  the  withdrawal  of  Commodore  Porter  from  any 
participation  in  the  investigation,  have  rendered  it  impracticable  to 
detail,  with  as  much  particularity  as  could  be  wished,  the  daily  move- 
ments of  the  various  vessels.  A  reference  to  the  orders  annexed  to 
the  record  will  show,  in  addition  to  the  statements  already  made,  the 
duties  respectively  assigned  to  them.  So  far,  however,  as  the  evidence 
reaches,  it  appears  to  the  Court  that  the  force  was  judiciously  distribu- 
ted and  actively  engaged. 

The  testimony  which  appears  to  conflict  most  with  this  statement 
is  that  of  Messrs.  Randall  and  Mountain,  which  will  be  found  in  the 
record.  Mr.  Randall  appears  to  have  been  in  the  Island  of  Cuba,  with 
the  exception  of  a  short  interval,  from  the  3d  May  until  the  9th  No- 
vember, 1824.  During  this  time  he  was  much  occupied  in  attend- 
ing to  the  general  duties  of  his  mission  ;  part  of  the  time  sick,  and  dur- 


95 

ing  the  whole  of  it  in  a  situation  to  hear  all  the  rumors  which  might 
be  in  circulation  in  regard  to  piratical  depredations.  Most  of  the 
information  which  he  has  communicated,  appears  to  have  been  derived  from 
the  representations  of  others;  and  however  implicitly  the  Court  would  feel 
disposed  to  rely  upon  the  accounts  given  by  that  gentleman  of  facts  which 
fell  under  his  immediate  notice,  it  cannot  extend  that  confidence  to  others, 
without  some  proof  of  the  means  they  possessed  of  acquiring  exact  informa- 
tion, and  the  credit  to  which  their  statements  arc  entitled.  It  is  in  evidence 
before  the  Court,  that  false  and  exaggerated  reports  of  piratical  aggiessions 
were  frequently  circulated,  and  sometimes,  as  the  wii«iesse«  have  believed, 
for  the  express  purpose  of  drawing  on' the  attention  of  the  squadron  from 
scenes  in  which  real  danger  existed.  It  also  appears  that  such  was  the  char- 
acter of  the  vessels  or  boats  in  which  at  this  period  the  pirates  sallied  out 
from  their  haunts — such  the  facilities  afforded  to  these  marauders  by  the  in- 
habitants of  Cuba,  and  the  imbecility  or  inactivity  of  the  constituted  author- 
ities,— such  the  ease  with  which  pursuit  could  be  evaded  by  retiring  to  the 
«hore,  that  Mr.  Randall  has  expressed  a  decided  conviction,  in  the  correct- 
ness of  which  no  doubt  is  entertained  by  the  Court,  that  no  naval  force,  how  - 
ever  large,  or  however  vigilant,  could  of  itself  ensure  safety  from  these  free- 
booters. 

Tlie  evidence  of  Mr.  Mountain  is  also  in  a  great  measure  founded  upon 
the  representations  of  others.  So  far  as  this  witness  speaks  of  the  absence 
I'KM-veral  weeks  at  a  time  of  t  he  vessels  of  the  squadron  during  the  summer 
-•t,w  idiout  giving  convoy  at  (he  Havana,  the  allegation  is  not  sustained 
either  by  the  testimony  of  Mr.  Randall  or  that  of  the  officers  at  that  time  in 
the  neighbourhood  of  Cuba.  The  former  specifies  the  times  of  the  ariival 
and  departure  of  the  various  vessels  of  the  squadron  throughout  the  entire 
summer,  so  far  as  they  fell  under  his  own  observation;  the  latter  detail  the 
general  business  in  which  they  were  severally  occupied  ;  and  the  Court  has 
been  unable  to  detect,  in  the  testimony  of  eitfTer,  the  period  of  time  to, 
which  Mr.  Mountain's  assertion  can  apply.  So  far  as  regards  the  alleged  em- 
ployment of  the  squadron  in  other  objects  of  inferior  moment,  the  Court  is 
desirous  of  separating  that  part  of  the  case  from  that  which  is  connected  with 
its  general  operations,  and  to  state  in  detail,  so  far  as  they  have  been  giren 
in  evidence,  the  facts  which  have  transpired. 

It  appears  to  the  Court,  upon  a  careful  review,  and  after  a  deliberate 
consideration  of  all  the  testimony  that  has  been  submitted  to  it  in  regard  to 
the  manner  in  which  the  squadron  under  the  command  of  Commodore  Por- 
ter was  employed  during  the  period  of  his  command,  that  every  thing  was 
done  towards  the  suppression  of  piracy,  which  could  be  accomplished  with 
a  force  of  that  description,  and  of  such  limited  strength.  The  number  of 
men  employed  was  small,  and  the  greater  part  of  the  vessels  engaged  qual- 
ified only  for  a  particular  kind  of  operations.  Their  inconsiderable  size  ren- 
dered it  impracticable  to  carry  either  provisions  or  water,  for  any  length  of 
time:  repairs  were  frequently  required,  the  stores  were  furnish^)  from  the 
United  States,  and  the  cruises,  therefore,  necessarily  of  short  duration.  (8) 

It  appears  also  that  the  confinement  of  the  officers  and  men  in  the 
schooners  and  barges,  upon  the  cruises  and  expeditions  iu  which  they  were 
unremittingly  occupied,  exposed  both  by  day  and  night  to  the  baneful  influ- 
ence of  a  noxious  climate — the  necessities  which  drove  them  continually  to 
Key  West  for  the  purpose  of  repaiiing  the  vessels  and  procuring  supplies, 
combined  to  engender  and  add  virulence  to  the  malignant  diseases  which 

(8)  Letter  from  Com.  Porter,  Dec.  21st,  1812,  to  Purser  Thornton.  Letter  from 
the  Secretary  of  the  Navy  to  ihc  Naval  Committee  of  ihe  M  of  K.  of  December 
21,  1S24. 


96 

broke  out  and  proved  so  destructive  to  life,  compelling  for  two  successive 
seasons  the  return  to  the  United  States  of  a  large  proportion  of  the  squad- 
ron. 

Under  these  circumstances,  it  appears  to  the  Court  that  the  officers  and  men 
have  eminently  entitled  themselves  to  the  commendations  which  they  have  re- 
ceived. Commodore  Rodgeis,  in  his  report  dated  November  24,  1823,  observes, 
with  ample  means  of  judging,  that  "  the  vessels  particularly  purchased  for  the 
suppression  of  piracy,  have  done  all  that  could  be  reasonably  expected  towards 
its  suppression  :  indeed,  they  have  searched  every  nook  and  corner  on  the  whole 
Coast  of  Cuba  from  which  a  pirate  might  be  expected  to  issue  ;  and  besides 
capturing  and  destroying  all  that  could  be  identified  as  being  of  that  character, 
they  have  made  impressions  not  to  be  erased  from  the  minds  of  such  monsters, 
so  long  as  we  keep  a  respectable  force  in  their  neighbourhood,  in  readiness  to 
chastise  those  whose  temerity  might  induce  them  to  renew  their  depredations, 
and  which,  in  the  present  state  of  things,  notwithstanding  the  scourging  they 
have  received,  would  be  the  case  in  the  absence  of  such  a  force  as  I  have  des- 
cribed." 

Captain  Finch  has  stated  in  his  testimony,  that  when  he  left  Matanzas,  in 
June,  1824,  in  company  with  Commodore  Porter,  he  did  not  think  there  was  any 
appearance  of  piracy  in  that  quarter  ;  and  that  a  sufficient  force  was  left  there 
to  keep  it  down.  "In  the  then  state  of  things,"  he  continues,  "  I  thought  that 
force  as  competent  to  effect  the  object  as  a  larger  one  would  have  been.1'  He 
also  states  that  he  recollects  but  a  single  authenticated  instance  of  piracy  while  he 
was  with  the  squadron.  It  occurred  in  the  neighbourhood  of  Matanzas.  Lit. 
Voorhees  was  immediately  despatched  in  the  Sea  Gull,  in  pursuit  of  the  pirat- 
ical vessel,  and  succeeded  in  capturing  her  in  the  course  of  a  few  hours. 

Still  more  recently,  the  Committee  on  Naval  Affairs,  at  the  last  session  of 
Congress,  in  their  report  to  the  House  of  Representatives  on  the  resolution  of 
the  9th  of  December,  instructing  them  to  inquire  into  the  expediency  of  providing 
an  additional  naval  force,  and  other  additional  means  for  the  suppression  of 
piracy,  state,  "That  they  have  had  the  subjects  proposed  in  the  said  resolution 
under  their  consideration,  'and  have  made  diligent  inquiry  into  the  operations 
of  our  naval  force,  which  for  the  last  two  years  has  been  employed  in  the  Gulf 
of  Mexico  for  the  protection  of  our  commerce,  and  the  suppression  of  piracy. 
In  this  investigation,  they  feel  a  satisfaction  in  stating  that  the  means  employed 
have  displayed  the  vigilance  of  the  Government,  and  the  activity,  zeal,  and 
devotion  of  the  officers  and  seamen  who  have  been  assigned  to  that  perilous 
service  ;  perilous,  not  from  the  numbers  or  courage  of  the  emnny,  but  from  the 
deleterious  effects  of  a  tropical  climate  upon  natives  of  a  more  temperate  re- 
gion. The  vessels  assigned  to  this  service,  were  betfer  adapted  to  a  short  ex- 
pedition, than  to  long  and  tedious  cruises.  They  were  too  small  to  afford  the 
room  necessary  to  preserve  the  discipline  and  health  of  the  officers  and  seamen 
assigned  to  them  :  yet  they  enabled  the  commander  to  scour  the  coasts,  to  pene- 
trate into  the  shoal  waters  of  the  creeks  and  inlets  to  the  veiy  margin  of  the 
land  ;  and,  in  effect,  the  pirates  have  literally  been  driven  from  the  Ocean,  and 
confined  to  their  fastnesses  and  haunts  upon  the  land.  Accordingly,  their  principal 
depredations  for  the  last  twelve  or  fifteen  months  have  been  confined  to  occasion- 
al sallies  in  boats  and  small  craft,  within  one  or  two  leagues  of  the  shore.  While 
these  depredations  have  been  more  limited  in  extent  and  number,  they  have  more 
frequently  been  attended  with  the  most  desperate  and  sanguinary  destruction 
of  the  lives  of  the  unfortunate  victims.'' 

Although  the  suppression  of  piracy  was  the  principal,  it  was  not  the  exclusive, 
object  confided  to  Commodore  Porter,  and  the  squadron  un'der  his  command  ; 
nor  was  the  attainment  of  that  end  to  be  accomplished  singly  by  pursuing 
pirates  into  their  haunts,  and  the  destruction  of  their  vessels  and  establishments. 
The  general  protection  to  the  commerce  of  our  citizens — the  suppression  of  the 
slave  trade,  and  the  transportation  of  specie  from  the  Gulf  of  Mexico  to  the 
United  States,  were  pointed  out  in  the  original  instructions  from  the  Depart- 
ment, as  subjects  requiring  special  attention.  Independently  also  of  these,  but 


97 

Of  an  entirely  subordinate  character,  and  temporary  in  their  continuance,  the 
surveys  of  the  coasts  of  Florida,  and  of  the  adjacent  Islands  and  Keys — 
the  negotiation  under  a  resolution  of  Congress,  in  regard  to  the  establishment 
of  buoys,  lights,  &c.  in  the  vicinity  of  the  Bahama  banks — the  protection 
to  be  affojde.l  to  the  timber  on  the  public  lands  in  Florida,  were  likewise  com* 
mitted  to  the  same  force.  These  last  mentioned  objects  are  merely  referred  to, 
in  general  terms,  to  shew  the  multifarious  duties  which  thin  small  force  was 
instructed  to  perform.  The  others,  as  they  continued  throughout  the  entire  pe- 
riod of  the  command  of  Commodore  Porter,  appear  to  require  a  more  minute 
and  detailed  report. 

In  regard  to  the  general  protection  of  our  commerce,  it  appears  to  the  Court 
that  it  was  eminently  entitled  to  the  attention  which  it  received  ;  not  merely 
from  its  general  and  obvious  importance,  but  as  one  of  the  means  of  suppressing 
piracy.  By  affording  convoy  and  adequate  protection  to  private  commerce, 
one  of  the  principal  inducements  to  piratical  adventure  was  removed,  and  the 
probability  of  success  hi  pursuing  and  destroying  these  freebooters  increased, 
should  they  have  the  temerity  to  venture  from  their  haunts.  In  no  one  par- 
ticular does  it  appear  to  the  Court,  that  the  benefits  produced  by  the  squadron 
in  the  West  India  seas,  was  more  widely  diffused,  or  greater  in  amount.  This 
service,  however,  is  one  that  can  scarcely  admit  of  being  illustrated  by  reference 
to  individual  facts.  It  may,  however,  be  particularly  mentioned,  that  it  is  in 
evidence  before  the  Court,  that  every  vessel  in  the  squadron,  in  addition  to  her 
ordinary  and  specific  duties,  was  engaged  in  affording  convoy  on  all  occasions, 
and  in  every  quarter ; — that  Lieutenant  Skinner,  alone,  in  the  short  period  which 
intervened  between  the  30th  March  aud  the  3d  July,  gave  convoy  to  about  one 
hundred  and  eighty  vessels.  It  also  appears,  by  the  report  of  the  Secretary  of 
the  Navy,  to  the  chairman  of  the  Naval  Committee  of  the  House  of  Repie- 
sentatives,  of  December  21,  1K24,  that  convoy  was  often  declined,  rather  than 
submit  to  slight  delays  or  changes  in  the  course  of  the  vessel  ;  that  insu- 
rance upon  voyages  to  the  West  Indies  continued  unusually  low,  and  that  the 
offices  add  little,  ii"  any  thing,  on  account  of  the  risk  of  piracy.  On  the  whole, 
it  appears  to  tho  Court,  that,  so  far  as  the  amount  and  character  of  the  force 
permitted,  convoy  was  afforded  to  private  trade  in  (he  West  India  seas  and 
<»ulf  of  Mexico,  to  the  fullest  possible  extent,  and  to  tUe  greatest  practicable  ad- 
vantage. 

The  suppression  of  the  slave  trade,  also,  required  and  received  particular  at- 
tention. "  By  direction  of  the  Department,  Commodore  Porter,  from  time  to 
time,  despatched  one  of  the  vessels  of  his  squadron  to  the  coast  ot  Africa, 
to  touch  at  Cape  Messurado,  minister  to  the  wants  of  the  agency  there,  and  re- 
turn by  the  usuul  track  of  the  slave  ships.*'  Such  practical  benefit  resulted 
from  this  application  of  the  force  at  his  disposal,  that  "  none  of  these  or  any 
other  of  our  public  ships  have  found  vessels  engaged  in  the  slave  trade,  under 
the  flag  of  the  United  States,  and  in  such  circumstances  as  to  justify  their  be- 
ing seized  and  sent  in  for  adjudicatioo."t 

The  next  subject  to  which  the  attention  of  the  Court  has  been  directed,  is  the 
transportation  of  specie,  particularly  from  the  Gulf  of  Mexico  to  the  United 
States.  From  causes  which  have  already  been  referred  to,  it  has  not  beeu 
practicable  to  pursue  this  inquiry  to  the  extent  desired.  IB  addition  to  the 
general  instructions,  already  particularly  referred  to,  orders  were  issued  by  tho 
Department,  of  December  2?d,  1823,  by  which  Commodore  Porter  was  authoi- 
ixed  "  to  receive  on  board  specie,  and  the  articles  permitted  by  the  act  for  the 
better  government  of  the  Navy,  belonging  exclusively  to  our  citizens,  and  to 
carry  them  from  one  port  or  place  to  another,  when  it  does  not,  in  any  degree, 
interfere  with  your  other  duties,  or  violate  the  laws  of  the  country  where  you 
are.  You  may  also  bring  to  the  United  States  specie  belonging  to  our  own 
citizens,  but  you  are,  in  no  case,  to  permit  any  thing  in  the  shape  or  character 
of  public  advertisements  to  be  used  for  the  purpose  of  giving  information  that 

»  Report  of  Secretary  of  Navy,  of  Pec,  1,  18?4 

13 


98 

you  will  carry  them."  "  And,  that  the  Government  may  know  the  extent  to 
which  the  commercial  interests  of  our  citizens  are  benefitted,  by  the  assistance 
afforded  by  our  public  vessels  on  this  point,  and  be  prepared  to  answer  any 
complaints  on  the  subject,  which  may  be  made  by  individuals  or  governments, 
you  will,  from  time  to  time,  make  reports  to  this  Department  of  all  the  specie 
and  other  articles  you  may  carry,  the  places  to  and  from  which  you  cairy  them, 
and  the  circumstances,  terms  and  conditions  on  which  you  do  it.'' 

On  the  20th  July,  1824,  the  Secretary  of  the  Navy  again  expresses  to  Commo- 
dore Porter,  that  "  it  is  the  wish  of  the  Department  that  you  cause  a  portion 
of  the  force  under  your  command,  to  touch  occasionally  at  the  port  of  Tampico 
in  Mexico,  and  to  afford  protection  to  the  citizens  of  the  United  States  engaged 
in  commerce  with  that  port." 

In  obedience  to  the  general  instructions,  the  Shark,  under  the  command  of 
Lieutenant  M.  C.  Perry,  was  despatched  in  March,  1823,  to  the  Gulf  of  Mex- 
ico, (a.)  Onthe  14th  May  the  Peacock  sailed  from  Thompson's  Island  to  re* 
lieve  him,  (6)  and  thus  at  intervals  of  from  six  weeks  to  three  months,  a  vessel 
was  sent  in  that  quarter,  preparatory  to  her  return  to  the  United  States. 

After  the  receipt  of  the  instructions  of  De»rmber  22d,  1823,  a  circular  let- 
ter was  addressed  on  the  30th  of  the  same  month,  to  the  different  commanders 
under  his  orders,  forbidding  them  to  take  on  freight  any  treasure,  without 
special  instructions  to  that  purpose.  On  the  16th  October.  1824,  Commodore 
Porter  reported  to  the  Department  the  amount  of  specie  which  had  at  that  lime 
been  transported  by  the  different  vessels  under  his  command,  since  the  preced- 
ing December.  From  this  statement  it  appears  that  specie,  to  the  amount  of 
§399,000,  had  been  carried  within  that  period,  at  the  average  freight  of  1  1-4 
percent.  One  other  vessel  under  his  command,  which  appears  to  have  car- 
ried specie  the  Shark,  commanded  by  Lieutenant  Gallagher,  is  not  included  in 
this  report,  not  having  at  its  date  arrived  at  the  port  of  destination,  (c)  so  far 
as  the  Court  has  been  able  to  ascertain  the  facts,  it  is  inclined  to  believe  that 
the  amount  of  specie  carried  on  freight,  in  the  preceding  year,  did  not  equal  in 
amount  that  which  is  stated  in  the  report  of  Commodore  Porter,  as  carried  in 
1824. 

Trie  orders  under  which  Lieutenant  Stevens  acted,  appear  to  have  been  giv- 
en by  the  Department,  on  the  application  of  the  Bank  of  the  United  States,  and, 
consequently,  this  appears  to  the  Couit,  to  have  been  a  special  employment  of 
that  officer  and  the  vessel  under  his  command,  by  the  Government  for  public 
purposes. 

The  general  character  of  the  instructions  given  by  Commodore  Porter,  in  the 
year  1824,  to  the  commanders  of  vessels  bound  to  the  Gulf  of  Mexicp,  maybe 
ascertained  from  those  annexed  to  the  record,  given  to  Captain  Dallas,  Lieute- 
nant Stevens,  and  Lieutenant  Skinner. 

•  After  a  deliberate  and  full  consideration  of  all  the  facts  that  have  been  elici- 
ted upon  this  subject,  in  the  progress  of  this  investigation,  it  appears  to  the  Court 
to  be  abundantly  proved  by  the  testimony, 

1st.  That  the  instructions  given  by  Commodore  Porter  to  his  various  officers, 
were  strictly  in  accordance  with  those  received  by  him  from  the  Department, 
in  relation  to  the  transportation  of  specie;  and  in  no  instance  did  they  trans- 
cend the  provisions  of  the  23d  Article  of  the  Rules  and  Regulations  for  the  better 
Government  of  the  Navy. 

2d  That  the  transportation  of  specie  was,  in  itself,  an  object  of  sufficient 
moment,  both  to  the  government  and  the  commercial  interests  of  the  country, 
to  warrant  the  employment  of  the  vessels  of  the  squadron  as  frequently  as  they 
were  sent  to  the  Gulf  of  Mexico. 

3d.  That  the  general  protection  of  commerce,  and  the  suppression  of  piracy, 
required  the  presence  of  au  American  armed  vessel  in  the  Gulf  Mexico,  as  fre- 

(a,)  Orders  of  that  date. 

(i>.)  Orders  of  May  7th. 

(c)  Testimony  of  Mr.  Randall. 


99 

quently  as  one  was  despatched  there,  and   at  the  places  to  which  it  was  sen;," 
entirely  independent  of  any  special  view  to  the  transportation  of  specie. 

4//i.  That  in  no  one  instance  was  the  transportation  of  specie  made  any  thing 
more  than  wholly  subordinate,  and  ancillary  to  the  general  objects  for  which  ih* 
squadron  was  employed.  That  iu  many  instances  detailed  in  the  testimony,  va- 
rious officers  declined  to  receive  specie  on  board,  when  it  might  have  been  ob- 
tained, in  consequence  of  their  extreme  anxiety  to  obey  the  orders  which  they 
had  received, not  to  permit  this  subject  to  interfere,  in  any  degree,  with  the  gen- 
eral objects  of  their  cruise. 

5th.  The  Court  has  not  been  able  to  discover  a  single  instance  in  which  Any 
vessel,  on  board  whieh  Commodore  Porter  was  at  me  time,  under  any  circum- 
stances, received  any  specie  to  be  carried  on  freight. 

6th.  That  the  proportion  of  the  freight  paid  over  to  him  as  the  Coramander- 
in-Chief,  was  paid  as  the  voluntary  and  spontaneous  act  of  the  different  officers, 
who  carried  the  specie,  without  any  provision  by  law,  or  any  demand  by  Com* 
modore  Porter  himself,  but  simply  in  conformity  with  general  custom. 

The  Court  has  thus,  in  obedience  to  the  orders  of  the  Department,  gone 
t!ir.n;h  the  investigation  which  it  has  been  required  to  make.  The  result  of 
•>orious  inquiry  has  already  been  stated  in  detail.  In  concluding  this  re- 
port, it  may  be  sufficient  to  add,  that  the  manner  in  which  the  squad/on,  un- 
der the  rommand  of  Captain  Porter,  was  employed,  during  the  period  of  his 
roinm.ind,  appears  to  the  Court  to  have  been  highly  honourable  to  him,  and  to 
the  officers  and  men  employed — that  the  said  forces  were  employed  in  the  sup- 
pression of  piracy  in  the  most  effective  manner,  in  which  they  could  be  employed, 
in  conformity  with  the  orders  and  instructions  from  the  Department;  and  that 
no  part  of  them  was  on  any  occasion  engaged  in  objects  of  inferior  moment, 
to  the  injury  of  th*  public  service. 

All  which  is  respectfully  submitted.  I.  CHAUNCEY,  President. 

RICHARD  S.  CGXB,  Judge  .IJrotalr. 
May  23, 


100 

PUBLIC  DOCUMENTS. 


Extract  from  the  President's  Message  to  both  Houses  of  Congress,  at  the  com- 
mencement of  the  second  session  of  the  seventeenth  Congress,  dated  Decem- 
ber 3d,  1822. 

"  A  report  from  the  Secretary  of  the  Navy  will  communicate 
the  progress  which  has  been  made  in  the  construction  of  vessels  of 
war,  with  other  interesting  details  respecting  the  actual  state  of  the 
affairs  of  that  Department.  It  has  been  found  necessary  for  the 
protection  of  our  commerce,  to  maintain  the  usual  squadrons  on 
the  Mediterranean,  the  Pacific,  and  along  the  Atlantic  Coast,  ex- 
tending the  cruises  of  the  latter  into  the  West  Indies,  where  pira- 
cy, organized  into  a  system,  has  preyed  on  the  commerce  of  ev- 
ery country  trading  thither.  A  cruise  has  also  been  maintained  on 
the  Coast  of  Africa,  when  the  season  would  permit,  for  the  sup- 
pression of  the  slave  trade  ;  and  orders  have  been  given  to  the 
commanders  of  all  our  public  ships,  to  seize  our  own  vessels, 
should  they  find  any  engaged  in  that  trade,  and  to  bring  them  in  for 
adjudication. 

"  In  the  West  Indies,  piracy  is  of  recent  date,  which  may  explain 
the  cause  why  other  powers  have  not  combined  against  it.  By  the 
documents  communicated,  it  will  be  seen  that  the  efforts  of  the 
United  States  to  suppress  it,  have  had  a  very  salutary  effect.  The 
benevolent  provision  of  the  act,  uuder  which  the  protection  has 
been  extended  alike  to  the  commerce  of  other  nations,  cannot  fail 
to  be  duly  appreciated  by  them." 


Report  of  the  Secretary  of  the  Nayy,  accompanying   the  President's   Message 
December  3d,  1822.     See  page  1S6. 

Extracts  from  the  Journal  of  the  House  of  Representatives,  second  session  o^ 
the  17th  Congress,  page  21. 

"  5.  Resolved,  That  so  much  of  the  President's  Message  as  re- 
lates to  the  Navy  and  the  suppression  of  piracy,  be  referred  to  the 
Committee  on  Naval  Affairs.  Dec.  10,  1822." 

Page  33.  Mr.  Condict  submitted  the  following  resolution  : 
"Resolved,  That  the  Committee  on  Naval  Affairs  be  instructed 
to  inquire  and  report,  as  early  as  may  be,  what  further  measures 
are  necessary,  not  only  for  the  more  efficient  protection  of  our 
commerce  in  the  West  Indian  seas  from  piracy,  but  for  the  entire 
extirpation  of  those  freebooters,  and  the  punishment  of  those  who 
may  be  found  to  aid  and  abetthem.  Dec.  10, 1822." 

Page  33.  The  President's  Message  to  the  House  of  Representa- 
tives, dated  December  6th,  1822  : 

"  Recent  information  of  the  multiplied  outrages  and  depredation* 


101 

which  have  been  committed  on  onr  seamen  and  commerce  by  the 
pirates  in  the  West  Indies  and  Gulf  of  Mexico,  exemplified  by  the 
death  of  a  very  meritorious  officer,  seems  to  call  for  some  prompt 
and  decisive  measures  on  the  part  of  the  Government.  AH  the 
public  vessels  adapted  to  that  service,  which  can  be  spared  from 
other  indispensable  utities,  are  already  employed  in  it ;  but,  from 
the  knowledge  which  has  been  acquired  of  the  places  from  whence 
outlaws  issue,  and  to  which  they  escape  from  danger,  it  appears 
that  it  will  require  a  particular  kind  of  force,  capable  of  pursuing 
them  into  the  shallow  waters  to  which  they  retire,  effectually  to 
suppress  them.  1  submit  to  the  consideration  of  Congress  the  pro- 
priety of  organizing  such  a  force  for  that  important  object. 

"  Signed,  JAMES  MONROE." 

Page  34.  "  Ordered,  That  the  said  Message  be  referred  to  the 
Committee  on  Naval  Affair*.  Dec.  10,  1822." 

Page  45.  "  Mr.  Fuller,  from  the  Committee  of  Naval  Affairs,  to 
which  was  referred  the  Message  from  the  President  upon  the  subject 
of  piracy,  reported  a  bill  authorizing  an  additional  naval  force  for  the 
suppression  of  piracy  ;  which  bill  was  read  the  first  and  second 
time,  and  committed  to  the  Committee  of  the  Whole  House  on  the 
state  of  the  Union.  Dec.  13,  1822." 

Page  46.  "  The  House  resolved  itself  into  a  Committee  of  the 
Whole  OD  the  state  of  the  Union  ;  and,  after  some  time  spent  there- 
in, Mr.  Speaker  resumed  the  chair,  and  Mr.  Lathrop  reported 
the  bill  authorizing  an  additional  naval  force  for  the  suppression 
of  piracy,  thereto  committed  this  day,  with  an  amendment,  which 
was  read  and  concurred  in  by  the  House  ;  and  it  was 

"  Ordered,  That  the  said  bill  be  engrossed,  and  read  a  third  lime 
to-day. 

"  The  said  bill  being  engrossed,  was  read  the  third  time  and 
passed. 

"  Ordered,  That  the  title  be  "An  act  authorizing  an  additional 
naval  force  for  the  suppression  of  piracy,"  and  that  the  Clerk  do 
carry  the  said  bill  to  the  Senate,  and  desire  their  concurrence 
therein." 


Extract  from   the  Journal  of  the   Senate,  2d  MMiort,   l~th  Congress,  page  28, 
vol.  16,  dated  12th  December,  1822. 

"  Mr.  Rodney  submitted  the  following  motion  for  consideration  : 
"  Resolved,  That  the  Committee  on  the  Judiciary  be  directed  to 
enquire  into  the  expediency  of  continuing  in  force  the  act,  entitled 
"  An  act  to  protect  the  commerce  of  the  United  States,  and  to  pun- 
ish the  crime  of  piracy ;"  and  also,  of  making  such  further  provi- 
sions on  the  subject  as  may  be  deemed  proper  for  the  security  of 
our  citizens,  the  safety  of  our  commerce,  and  the  punishment  of  the 
offence. 


102 

From  the  same,  vide  page  32,  dated  16th  December,  1822. 

"The  Senate  resumed  the  consideration  of  the  motion  of  the  12th 
inst.  for  directing  the  Committee  on  the  Judiciary  to  inquire  into 
the  expediency  of  making  further  provisions  by  law  for  the  suppres- 
sion of  piracy  ;  and  agreed  thereto. 

"Resolved,  (page  34,)  That  so  much  of  the  President's  Message 
as  relates  to  Naval  Affairs,  and  the  suppression  of  Piracy,  be  re* 
ferred  to  the  Committee  on  Naval  Affairs. 

"The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  bill  authorizing  the  President  of  the  United  Slates  to 
employ  an  additional  force  for  the  suppression  of  Piracy  ;  and 

"On  motion  of  Mr.  Van  Dyke, 

"  Ordered,  That  it  lie  on  the  table." 

Extract  from  the  Journal   of  the  Senate,  2d  session,  17th  Congress,  vide  page 
35,  vol.  16,  dated  December   10th,   1*2.2. 

"  The  House  of  Representatives  have  passed  a  bill,  entitled 
"  An  act  authorizing  an  additional  Naval  Force  for  the  suppression 
of  Piracy/' 

"  Ordered,  That  they  severally  pass  to  the  second  reading. 

*'  On  motion, 

The  bill,  entitled  "  An  act  authorizing  an  additional  Naval  Force 
for  the  suppression  of  Piracy,"  was  read  the  second  time,  by  unan- 
imous consent,  and  it  was  taken  up  and  considered  as  in  Committee 
of  the  Whole,  and  no  amendment  having  been  made  thereto,  it  was 
reported  to  the  House  ;  and  Ordered,  That  it  pass  to  a  third  reading. 

"  On  motion,  it  was  rea<£  a  third  time,  by  unanimous  consent. 

Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

CHAP.  I.    An  ACT  authorizing  an  Additional  Naval  Force  far  the  Suppres- 
sion of  Piracy. 

"  [SECT.  1.]  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  United  States  of  America  in  Congress  assembled  That 
the  President  of  the  United  States  be,  and  he  hereby  is,  authorized 
to  purahase  or  construct  a  sufficient  number  of  vessels,  in  addition 
to  those  now  employed,  of  such  burthen  and  construction  as  he  may 
deem  necessary,  and  to  fit,  equip,  and  man  the  same  for  immediate 
service,  for  the  purpose  of  repressing  piracy,  and  of  affording  ef- 
fectual protection  to  the  citizens  and  commerce  of  the  United  States 
in  the  Gulf  of  Mexico,  and  the  seas  and  territories  adjacent. 

"StcT.  2.  And  be  it  further  enacted,  That  the  sum  of  one  hun- 
dred and  sixty  thousand  dollars  be  appropriated  to  meet  the  expen- 
diture to  be  incurred  as  aforesaid,  and  paid  out  of  any  money  in  tbe 
Treasury,  not  otherwise  appropriated. 

[Approved,  December  20,  1825s. 


103 

The  Surtlary  of  the  tfavy  to  die  Prttident  of  the  United  States. 

NAVY  DKPARTMKNT,  brpt.  t\$t  1813. 

PRESIDENT  MOXROE  :  SIR — I  feel  it  to  be  my  duty  to  represent  t« 
yon  the  following  l.tcts,  and  to  request  the  favour  of  your  opinion  re 
specting  the  course  proposed. 

On  the  17th  of  this  month,  by  the  arrival  of  the  Beagle,  at  this 
place,  from  Thompson's  Island,  the  Department  was  furnished  with 
reports  from  the  commanding  officer,  and  the  surgeons  at  that  sta- 
tion, up  to  the  1-t  "t  x-ptember,  by  which  we  learn,  that  the  John 
Ail.ims  ;»nd  several  smaller  vessels,  were  at  that  place  ;  that,  about 
the  20th  of  August,  the  yellow  fever  made  its  appearance,  with  con- 
-ult'rable  malignity  ;  that  several  deaths  had  occurred,  among  which, 
were  two  Lieutenants,  Fotterand  Somerville;  two  Midshipmen,  Mar- 
shall and  Uoed  ;  the  captain's  clerk,  Thomas  ;  a  carpenter,  two 
seamen,  a  gunner,  a  cooper,  and  a  steward  ;  that  Commodore  Por- 
ter and  twenty-one  officers  and  men,  were  §ick  ;  the  Commodore 
in  a  state  of  great  debility,  but  good  hopes  were  entertained  of  his 
recovery.  By  the  arrival  of  Lieut.  Boarman,  yesterday  morning, 
we  have  verbal  information  to  the  8lh  of  September,  when  < 
modore  Porter  remained  much  as  he  was  on  the  first ;  between  the 
1st  and  the  8th,  there  had  been  several  deaths,  and  among  them  two 
Lieutenants  and  two  Midshipmen  ;  and  the  fever  did  not  in  any  de- 
gree abate.  All  the  Surgeons  were  sick,  and  four  surgeon's  mates 
constitute  the  whole  medical  skill  at  the  station. 

A  careful  examination  of  the  reports  of  the  sick,  and  minute 
inquiries  of  several  officers  who  have  been  there,  do  not  satisfy 
me  that  the  fever  originated  on  the  island  ;  but  I  incline  to  the 
opinion,  that  the  infection  may,  in  every  instance,  be  traced  to 
other  places  ;  but,  whether  it  originated  there,  or  be  imported, 
the  destruction  of  valuable  lives  is  equally  to  be  lamented,  and  the 
effects  upon  the  service  equally  demand  attention.  Accounts  from 
that  place,  some  of  them  very  exaggerated,  find  their  way  to  the 
public  print?,  and  create  painiul  anxiety  with  the  friends  of  those 
who  are  there,  and  will,  it  is  to  be  feared,  unices  promptly  correct- 
*••!.  produce  feelings  in  the  nation,  which  will  be  essentially  inju- 
rious to  our  important  interests  in  that  quarter. 

The  value  of  that  station  for  the  suppression  of  piracy,  and  the 
protection  of  commerce,  is  perfectly  understood  by  you.  It  ought 
not  readily  to  be  deserted.  It  is  very  dcMrahjteto  save  it,  ululo 
we  take  the  most  effectual  means  to  protect  the  valuable  lives  of 
our  officers  and  men.  It  is  impossible  to  leave  them  there,  espe- 
cially, situated  as  the  commanding  officer  is,  without  taking  some  deci- 
sive measure  for  their  relief;  and,  to  order  their  immediate  removal, 
with  our  present  information,  would  seein  hazardous  and  improper. 
Two  or  three  surgeons  and  surgeon's  mates  have  been  ordered, 
and  are  on  their  way  to  the  island.  And,  in  order  to  obtain  the  best 
advice  in  my  power,  1  have  submitted  to  Dr.  Cutbush,  and  four 
other  surgeons,  now  in  the  city,  all  the  information  which  1  could 
procure  ;  stated  to  them  the.  time  within  which  an  order  for 


104 

ral  could  be  executed,  and  required  their  opinion  on  the  propriety 
of  attempting  a  removal  of  the  vessels  to  some  northern  port. 
Their  report  will  be  made  to  me  at  eight  o'clock  to-morrow  morn- 
ing, and  I  shall,  probably,  send  you  a  copy.  Their  opinion  must, 
necessarily,  be  less  safe  than  if  formed  on  the  spot ;  but  it  may  be  a 
useful  aid  in  determining  on  the  course  to  be  pursued. 

The  plan  which  I  propose  for  your  consideration,  and  which  I 
shall  adopt,  if  you  do  not  disapprove  it,  is  the  following : 

Prepare  the  Shark,  now  at  ISew  York,  to  sail  to  Thompson's 
Island,  as  speedily  as  possible  ;  send  in  her  one  of  the  oldest  and 
most  experienced  officers  in  the  navy,  with  three  of  the  most  skil- 
ful and  intelligent  surgeons  ;  direct  them,  in  connection  with  Com- 
modore Porter,  (if  his  health  will  permit,)  to  investigate  thorough- 
ly the  origin,  causes,  and  progress,  of  the  disease  ;  the  nature  and 
situation  of  the  island  in  reference  to  health,  at  this  season  of  the 
year  ;  the  present  state  and  probable  health  of  the  station  ;  with 
authority  either  to  retain  the  vessels  there,  or,  if  necessary,  re- 
move them  to  a  nothern  port,  until  the  advance  of  winter  shall 
justify  their  return  to  that  latitude. 

The  Shark  can  sail  in  less  than  ten  days  ;  will  probably  take 
ten  more  to  reach  the  island  ;  and  a  removal  may  be  effected  in  live 
more,  if  it  be  found  necessary.  I  presume  the  officers  who  go  out, 
may  return  in  about  four  weeks  from  the  time  the  vessel  sails. 

I  believe  I  should  select  Commodore  Rodgers  for  this  purpose, 
and  have  consulted  him  about  it.  He  approves  the  plan,  and  with 
his  usual  promptness  in  the  public  service,  expressed  a  wish  to 
partake  in  its  execution. 

The  following  benefits  would  result : 

1st.  The  best  medical  assistance  will,  in  this  way,  be  furnished 
to  the  sick,  at  that  station,  and  many  valuable  lives  may  be  saved. 

2d.  The  public  mind  will  be  quieted  by  a  precise  knowledge  of 
facts. 

3d.  A  station,  necessary  to  the  objects  for  which  the  Government 
sent  out  the  expedition,  will  probably  be  continued  and  secured. 

4th.  We  shall  obtain  the  safest  information  to  guide  us  on  all  fu- 
ture occasions. 

I  shall  be  pleased  if  this  plan  meet  your  approbation,  and  shall 
make  the  necessary  arrangement  for  it ;  not,  however,  giving  any 
orders  which  will  create  difficulty,  should  you  disapprove  it.  Please 
to  favour  me  with  an  answer  by  the  express. 

I  am,  sir,  very  respectfully,  &c.      SAM'L  L.  SOUTHARD. 


The  Secretary  of  the  Nary  to  Com.  Rodgers. 

NAV*  DEPARTMENT,  29/A  September,  1823. 

DEAR  Sm :  I  enclose  your  orders.  You  are  already  well 
acquainted  with  the  views  of  the  Department,  and  of  the  President, 
in  relation  to  your  visit  to  Thompson's  Island,  and  the  motives  by 
which  it  has  been  induced. 

On  your  arrival  there,  you  will  of  course,  communicate  freely 


105 

with  Commodore  Porter  respecting  them,  should  he  still  be  then-. 
and  in  a  situation  to  receive  your  communications.  The  uncertain* 
ty  whether  he  be  still  li\m<;  the  anxiety  felt  by  the  government 
and  nation  for  his  *afety  ;  the  numerous  reports  of  the  sickly  stale 
of  the  officers  and  crews  of  the  vessels,  and  of  those  who  are  on 
the  Maud  ;  and  the  desire  to  furnish  the  most  prompt  and  effectual 
relief;  are  among  the  principal  causes  which  have  created  the  \\i-h 
that  you  should  undertake  the  expedition.  In  its  faithful  execu- 
tion, and  beneficial  result*,  I  have  strong  confidence  ;  and  am,  dear 
sir,  very  iv-pectfully,  yours,  SAM'L  L.  SOUTHARD. 

JOHK  RuDGKRg,  Esq.  Copt.  U.  S.  JVary,  President  Jfaval  Board. 


The  Secretary  of  the  Alary  to  Commodore  Rodgen. 

NAVY  DKPARTKKBT,  29/A  September,  1823. 

SIR  :  You  will  proceed,  in  the  schooner  Shark,  from  New-York 
to  Thompson's  Island,  as  speedily  as  circumstances  will  permit, 
taking  uitli  \<>u  Surgeons  Marshall,  Heerman,  Harris,  and  Wash- 
ington, who  will  obey  your  orders,  and  render  all  the  assistance  in 
their  power  in  accomplishing  the  objects  of  your  expedition.  It 
either  of  them  i«  prevented  from  joining  you  before  you  sail,  you 
will  require  the  attendance  of  Surgeon  Hoffman,  or  aoy  other  of 
the  surgeon-,  at  New-York,  to  supply  his  place. 

If  any  officers  be  wanting  to  make  up  the  complement  of  the 
Shark,  you  will  sHert  -m  l>  as  are  necessary,  at  New -York.  When 
}ou  shall  arrive  at  Thomson's  Island,  you  will  investigate,  with 
the  utmost  care,  the  origin,  progress,  and  present  state,  of  the  sick 
ness,  which  prevail*  on  tin-  island,  and  in  the  squadron  ;  the  con- 
dition of  all  the  vessels  which  are  there  ;  the  localities  of  the  sta- 
tion, in  reference  to  health  ;  and  every  matter  which  may  be  ne- 
cessary and  proper,  to  enable  you  to  form  a  correct  opinion,  both 
of  the  propriety  of  continuing  the  vessels  at  that  station,  and  of 
it  hereafter,  during  the  sickly  season. 

Alter  having  made  the  necessary  inquiries,  you  will  either  take 
such  measures  as  shall  seem  proper,  in  reference  to  the  health  and 
comfort  of  the  squadron,  leaving  it  lehere  it  it;  or  you  will  order  it-: 
v.il,  for  the  present,  to  Fensacola,  Norfolk,  or  some  more 
northern  port.  In  either  event,  an  early  and  minute  report  on  this 
subject,  to  this  Department,  is  desirable. 

Uncertainty  as  to  the  present  state  of  Commodore  Porter's  health, 
forni»he«  one  strong  motive  for  your  visit.  If  his  health  permits,  h« 
will  furnish  the  most  safe  information  and  best  assistance  in  accom- 
plishing your  object ;  and  if  the  squadron  be  left  there,  he  will  re- 
main in  command,  if  his  health  permit,  and  it  be  his  wish.  If  bis 
health  require  a  visit  to  the  United  States,  you  will  place  some 
other  in  command,  and  make  report  thereof  as  soon  as  practicable. 

The  surgeons  who  go  with  you  will  render  to  the  sick  all  the  aid 
in  their  power,  consistently  with  the  other  duties  they  have  to  per* 
form  ;  and  they  will  return  with  you,  and  join  the  several  Ptatiom 

14 


106 

from  which  they  are  taken,  reporting  to  this  Department  the  time 
of  their  arrival. 

You  will  be  at  liberty  to  return  in  the  Shark,  Grampus,  or  any 
other  vessel  at  the  station,  which  you  shall  think  best  for  service. 
It  is  supposed  you  may  accomplish  the  objects  in  view,  and  return  to 
this  place,  in  about  five  weeks  from  the  time  the  Shark  sails. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

SAM'L  L.  SOUTHARD. 
JOHH  RODGERS,  Esq.  Capl.  U.  S.  JV'ory,  President  of  the  Jfaty  Board. 


Com.  Rodgers  to  the  Secretary  of  the  Navy. 

No.   I. 

U.  S.  SCHOONER  SHARK,  Hampton  Roads,  JVbr.  16,  1823. 
SIR  :  In  the  prosecution  of  your  instructions  of  the  29th  of  Sept. 
last,  you  have  already  been  informed  of  the  time  of  my  departure 
from  New-York,  in  the  United  States  schooner  Shark. 

I  have  now  the  honour  to  inform  you  that,  on  the  23d  of  Octo- 
ber, 1  reached  Thompson's  Island,  accompanied  by  surgeons  Har- 
ris, Washington,  and  Hoffman,  of  the  Navy,  after  a  passage  of  seven- 
teen days,  in  which  we  experienced  much  rough  disagreeable  wea- 
ther, it  raining  more  or  less  every  day  but  one,  for  thirteen  days. 
On  reaching  the  island,  and  not  finding  any  of  the  public  vessels 
of  war  except  the  Porpoise,  the  first  objects  to  which  I  directed  my 
attention,  were,  to  ascertain  the  state  and  condition  of  the  sick  re- 
maining on  it ;  and,  as  far  as  practicable,. the  cause  or  causes  which 
had  produced  such  disastrous  consequences  to  the  health  of  the 
officers,  seamen,  and  marines,  stationed  on  the  island,  and  on  board 
of  several  of  the  vessels,  which  had  previously  had  access  to  it  as 
a  rendezvous  ;  for  this  purpose,  I  accordingly  addressed  a  letter 
(of  which  the  enclosed,  No.  1,  is  a  copy)  to  Surgeons  Harris, 
Washington,  and  Hoffman.  By  their  answer,  (No.  2,  herewith 
enclosed,)  you  will  perceive  that  they  do  not  consider  the  disease 
attributable  entirely  to  any  one  cause,  but  to  a  variety  of  causes, 
such  as  they  have  described. 

That  the  reasons  which  they  have  assigned  are  correct,  there 
can  be  but  little  doubt ;  but  to  which  of  them  is  to  be  attributed  the 
most  powerful  agency  in  producing  the  disease,  is  still  a  matter  ot 
speculation,  or,  at  least,  very  questionable. 

The  island,  it  is  much  to  be  admitted,  does  contain  localities  of  a 
character  calculated,  when  assisted  by  other  causes,  and  perhaps 
only  slight  ones  too,  to  generate  bilious,  and  probably '  malignant 
fevers  :  yet  I  must  confess  that  I  still  entertain  doubts,  whether 
those  causes  have  had,  in  the  present  instance,  so  decisive  an  agency 
in  producing  the  late  fatal  malady,  as  they  may,  at  first  view,  seem 
to  have  had. 

From  the  little  experience  I  have  had,  my  opinion  is,  that  the 
climate  of  Thompson's  Island  is  similar  to  that  of  the  West  India 
islands  generally  ;  that  its  air  is  perhaps  less  salubrious  than  some, 
but  more  so  than  others  ;  and  that,  notwithstanding  the  objections 


107 

which  may  be  urged  against  it,  on  account  of  particular  detect?  aris- 
ing from  its  smalt  elevation  above  tin-  lev*  I  of  the  >,M%  tin-  i; 

if  its  surface,  and  the  in. my  -alt  ami  fre-h  water  ponds  which 
~  ml  to  contain,  still,  that  it  is,  from  ti.  of  it-  IMC 

hour,  and  its  peculiar  station  on  the  map  of  llu<  \V,»tt-rn  Hednis- 
phere,  too  important  an  object,  m  a  political  and  commercial  point 
of  view,  to  he  suffered  to  remain  unoccupied  ami  nun-girded  ;  for, 
adm  ttmg  its  climate,  in  its  present  unimproved  state,  to  he  as  un- 
friendly to  health  as  even  that  of  the  colony  of  Surinam,  it  is,  not- 
withstanding, Mj-i-t  ptible  of  being  ?o  improved,  or,  at  least,  the 
dangers  attending  it  so  much  diminished,  by  artificial  means,  (such 
as  I  will  hereafter  describe,)  ad  to  render  the  objections  to  it,  if 
not  harmless,  it  least  comparatively  sm  ill. 

Previous  to  leaving  the  island,  on  the  3d  inst.  I  had  sent,  by  the  ad- 
rice  of  surgeon*  ll.irn-i,  W.i«!im.:i"[i,  IIofTinm,  and  Williamson, 
{m  I  have  aln-.t-U  iiif.Min.-d  V>u,,  all  tin-  >ick,  «:.  tlions 

appeared  to  require  a  remove  to  a  more  northern  climate.  Those 
who  still  remained  at  the  i-l.md,  at  the  time  of  my  departure,  were 
all  well,  except  tome  convalescents,  and  a  few  with  mild  intermit- 
tent fevers;  all  of  whom,  it  was  believed,  however,  would  be  re- 
«tored  to  health  a^ain  by  tin-  return  of  cooler  we  iid.  i  .  indeed,  for 
the  last  three  day*  previous  to  our  ^uliti^,  the  wind  had  prevailed 
with  much  force  from  the  north,  and  had  rendered  the  air  compa- 
ratively much  purer,  cooler,  and  exhilt  1.1(1114.  than  it  had  been  for 
some  days  before  ;  PO  much  so,  as  to  induce  a  belief  that  the  sea- 
son of  health  had  commenced,  and  thai  its  salutary  effects  would  be 
immediately  felt  by  those  who  have  suffered  by  the  long  continu- 
ance of  heat. 

Previous  to  leaving  the  I-l.md,  I  made  such  arrangements,  and 
saw  things  placed  upon  such  a  footing,  as  to  warrant  the  most  «an- 
guine  anticipation  of  favourable  results,  and  such  as  might  have 
been  expected,  had  Commodore  Porter's  health  permitted  him  to 
continue  on  the  station. 

For  the  few  changes  which  I  found  it  necessary  to  make  in  the 
disposition  of  the  several  vessels  led  on  the  station,  permit  me  to 
refer  you  to  the  accompanying  papers  1,  2,  3,  4,  5,  6,  7,  fc,  9. 

With  great  respect,  1  have  the  honour  to  be,  sir,  yourob't  serv't. 

JOHN  RODGEKS. 
The  Hon.  SAMUEL  L.  SOUTHARD,  Secretary  of  <.'te  -Vary,  Washington, 

Doctor*  Harritf  Washington^  and  Huffman,  to  the  Secretary  of  the  ffavy. 

No.  2. 

U.  S.  SCHOONER  SHARK,  Ttiompton't  Itland,  OcL  29/ft,  1823. 
SIR  :  In  conformity  with  the  instructions  contained  in  yoor  com- 
munication of  the  24th  instant,  we  have  carefully  inquired  inlo,  and 
deliberately  considered,  the  various  points  to  which  you  have  di- 
rected our  attention. 

On  examining  this  island,  we  find  that  it  is  of  a  secon  lay  calcare- 
ous formation,  and  is  thinly  overspread  with  a  light  vegetable  mould. 


108 

The  shores  are  somewhat  elevated  above  the  interior  grounds,  by 
the  surf  continually  throwing  up  pulverized  shells,  which  give  a 
concave  form  to  its  superfices.  It  is  thickly  covered  with  small 
trees  and  shrubbery,  principally  of  the  mangrove  variety,  and  gras- 
ses of  several  species  grow  with  great  luxuriance. 

So  far  as  our  observations  have  enabled  us  to  determine,  we  are 
of  opinion  that  nearly  one  half  of  the  island  is  occupied  by  salt  and 
fresh  water  ponds. 

It  has  been  ascertained,  that  the  surfaces  of  these  ponds;  are  on  a 
level  with  the  surrounding  ocean,  yet  but  one  of  them  has  any  con- 
nexion with  it,  by  reason  of  the  natural  embankments  to  which  we 
bave  already  alluded. 

The  purest  water  of  the  island  is  in  some  degree  brackish  ;  but 
has  not,  so  far  as  we  can  learn,  produced  any  unfriendly  effect  on 
the  health  of  those  who  have  used  it  freely  as  a  drink. 

During  the  dry  season,  which  continue?  from  about  the  middle 
of  September  to  the  middle  of  June,  many  of  the  ponds  either  dry 
up,  or  shrink  considerably  within  the  boundaries  to  which  they  are 
dilated  during  the  rainy  season. 

The  surface  being  thus  imperfectly  overflowed,  presents  a  mass 
of  vegetable  and  animal  matter,  to  which  the  climate  adds  every 
other  circumstance  necessary  to  give  miasm  its  most  powerful  effect 
on  the  human  frame.  The  gales  and  retiring  tides  frequency  de- 
posite  on  the  shores  a  quantity  of  sea-weed,  which  undergoes  a 
rapid  decomposition,  and  thus  contributes,  in  a  limited  extent,  to 
vitiate  the  atmosphere. 

To  these  miasmatic  causes  of  disease,  were  added  others  of  equal, 
if  not  greater  magnitude. 

They  have  arisen, 

1.  From  the  sudden  exposure  of  northern  constitutions  to  a  tro- 
pical climate,  at  a  period  when  the  ordinary  relaxing  effects  of  a 
change  from  a  cold  to  a  warm  season  were  aggravated  by  a  differ- 
ence of  fourteen  or  fifteen  degrees  of  southern  latitude.     From  this 
cause,  they  were,  in  the  space  of  two  or  three  weeks,  operated 
upon  by  an  increase  of  temperature  of  at  least  fifty  degrees. 

2.  From  the  great  fatigue  and  exposure,  by  day  and  night,  of  the 
officers  and  crews  engaged  in  the  boat  service,  and  from  the  want  of 
comfortable  quarters  for  those  who  had  encamped  on  the  island. 

3.  From  irregular,  and,  frequently,  intemperate  habits. 

4.  From  being  often  deprived  of  fresh  and  wholesome  provisions. 

5.  From  the  continued  annoyance  of  moschetoes  and  sand-flies, 
which  deprived  the  men  of  their  accustomed  rest.     So  insupporta- 
ble, indeed,  became  these  troublesome  insects,  that  the  men  were 
frequently  obliged  to  retire  to  the  beach,  where  they  walked  the 
greater  part  of  the  night.     Others,  we  have  been  informed  by  the 
officers    of   the  station,  would  row    off   in     boats  some   distance 

from  the  shore,  and  thus  expose  themselves  either  to  the  heavy 
dews  or  drenching  rains  peculiar  to  this  climate. 

6.  From  being  operated  upon  by  the  depressing  passions,  arising 


109 

from  apprehension,  awakened  by  the  prevailing  epidemic,  ami  by  the 
obvious  want  of  comfort  of  those    who  were  affected    with  ill- 

These  fruitful  sources  of  fever  will  abundantly  account  for  their 
extent  and  fatality.  Taking  into  cOMlderatioa  the  great  liability  of 
persons  from  the  higher  latitudes,  of  disease,  when  even  slightly 
exposed  to  hardships  in  the  tropics,  it  ought  not  to  be  a  subject 
of  surprise,  that  the  severely  arduous  service  in  which  our  officers 
and  crews  have  been  engaged,  have  occasioned  so  many  sacrifices 
of  valuable  lives. 

The  squadron  under  the  command  of  Commodore  Porter  sailed 
from  Norfolk  on  the  14th  of  February,  proceeded  directly  to  the 
West  Indies,  as  far  south  as  St  Domingo,  and  then,  returning  North, 
took  possession  of  this  island  on  the  3d  of  April. 

The  in--;  <  i-es  of  fever  which  presented  themselves  to  the  no- 
tice of  Dr.   Williamson,  the  surgeon  of  the  station,  were  of  a  bili- 
ous character,  and  which  readily  yielded  to  the  agency  of  medicine. 
tlie  20th  of  April,  a  servant  in  the  family  of  Mr.  Symington, 
'lacked  with  yellow  fever.     With  the  exception  of  this  case, 
bilious  fever  continued  the  prevalent  disease  until  early  in  June, 
\vhen  it  assumed,  in  many  instances,  a  highly  malignant  form.    Tin* 
-«>  now  commenced  on  hoard  the  store  ship  Decoy,  which  wa* 
rendered  uiiliealthful  by  the  impurity  of  her  hold.     A  quantity  of 
biilUst  was   put  a  board  from  this  i-land,  containing  shell-fish   and 
sea-weed,  which,  by  the  heat  of  a  tropical  climate,  was  thrown  into 
a  state  of  putnlactive  fermentation.     Two  of  the  cases,  however, 
which  occurred  on  board  this  vessel,  were  contracted  by  imprudent 
exposure  to  a  noon-day  heat,  in  the  streets  of  Havana. 

About  the  latter  end  of  July  the  yellow  fever  prevailed,  with 
great  malignancy,  at  all  the  establishments  on  the  island.  From 
the  various  cau-t>  already  stated,  the  disease  in  very  many  instan- 
ces necessarily  proved  f.ital. 

The  malignant  fever  continued  epidemic  until  about  the  first  of 
October,  when  its  t)pe  again  changed  to  an  intermittent. 

We  have  been  unable  to  ascertain  the  precise  number  of  death*, 
in  consequence  of  the  absence  of  the  medical  othcers  who  li .id 
charge  of  the  Allenlon  hospital. 

It  .ippc.ii-.  from  the  report  of  Dr.  Williamson,  that  there  are 
fifty-nine  persons  now  sick  at  the  different  hospitals  on  the  i 
We  have  vi-i  ed  these  establishments,  and  have  found  the  patient* 
sinking  under  the  influence  of  debility,  despondency,  and  the  rava- 
ges of  disease.  Such  of  (hem  as  recover,  commonly  relapse  in  the 
course  of  a  day  or  two,  after  being  restored  to  duty.  A?  in  relap- 
ses generally,  each  succeeding  attack  becomes  more  unm.ma^cahlr. 
it  appears  then,  that  they  cannot  be  restored  to  perfect  ii.-.ilili  in 
their  present  situation  ;  and  being,  in  this  state,  only  a  burden  to 
the  public  service,  we  do,  from  motives  of  policy,  as  well  as  of 
humanity,  respectfully  recommend  their  immediate  removal  to  a 
more  northern  station. 

We  beg  further  to  recommend,  that  the  large  brig,  now  in  the 


no 

harbour,  and  which  has  been  already  designated  as  a  hospital,  should 
be  suitably  fitted  up  for  the  reception  of  those  who  may  be  hereaf- 
ter attacked.  By  anchoring  this  vessel  some  distance  to  the  wind- 
ward of  the  island,  the  sick  will  inhale  a  pure  atmosphere  ;  will  be 
protected  in  comfortable  quarters  ;  and,  £eing  without  the  reach 
of  annoying  insects,  will  enjoy  such  repose  and  tranquillity,  as  are 
essential  to  the  successful  treatment  in  their  diseases. 

We  have  the  honour  to  be,  very  respectfully,  your  obedient 
servants  THO  HARRIS,  M.  D. 

B.  WASHINGTON,  M.  D. 

RICH.  K.  HOFFMAN,  M.  D. 

Surgeons  of  the  Navy. 
Com,  JOHN  RODGERS,  President  of  the  Board  of  Nary  Commissioners. 

Commodore  Rodgers  to  the  Secretary  of  the  JYai-y. 

WASHINGTON,  JVot.  24,  182». 

SIR  :  In  my  communication  to  you,  of  the  16th  instant,  I  inform- 
ed you  that  although  objections  might  be  urged  to  the  climate  of 
Thompson's  Island,  on  account  of  the  number  of  salt  and  fresh  wa- 
ter ponds,  and  the  abundant  growth  of  timber  which  it  contains, 
yet,  even  in  its  present  state,  and  admitting  such  objections  to  be 
well  founded,  stil!  they  might  be  rendered  harmless,  or,  at  any 
rale,  greatly  diminished,  by  the  introduction  of  artificial  means. 

By  the  official  repot  t  of  Surgeons  Harris,  Washington  and  Hoffman, 
now  in  your  possession,  you  have  been  made  acquainted  with  their 
opinions  respecting  the  localities  of  the  island,  so  far  as  regards  the 
form  of  its  surface,  the  nature  of  its  soil,  timber,  and  other  par- 
ticulars ;  in  all  which,  they  have  given  as  minute  a  description  as- 
the  most  unremitting  attention,  considering  the  length  of  time  they 
were  there,  and  the  means  of  information  afforded  them,  would 
admit. 

These,  together  with  the  high  reputation  which  those  gentlemen 
sustain  for  science  and  professional  skill,  leave  no  doubt  in  my  mind 
that  their  report  upon  the  subject  has  been  judicious,  and  such  as 
the  time  and  circumstances  under  which  they  visited  tbe  island, 
would  seem  to  point  out  as  being  the  most  safe  and  discreet ;  but, 
after  all  that  has  been  said,  it  must  be  admitted,  notwithstanding 
their  unintermitting  industry  to  find  out  the  true  causes  of  the 
disease,  that  they  were,  alter  considering  the  only  facts  presented 
to  their  view,  obliged  to  attribute  it  to  a  variety  of  causes,  and, 
among  the  number,  those  which  are  known  to  be  inseparable  from 
the  arduous  nature  of  the  service  in  which  many  of  the  officers  and 
men  were  engaged,  and  the  consequent  exposure  to  which  they 
were  unavoidably  subjected. 

This  being  the  case,  you  will,  sir,  at  once  perceive  that  it  must 
still  remain  doubtful,  whether  the  air  of  the  island  contributed 
more,  or  even  as  much  as  other  causes,  in  producing  the  dis- 
ease ;  for  which  reason,  I  am  led  to  remark,  that  it  might  be  unsafe 
to  condemn  it  as  a  suitable  rendezvous  for  our  vessels  employed  in 


Ill 

the  West  Indies  and  Gulf  of  Mexico,  until  we  shall  have  had,  under 
different  circumstances,  more  experience  of  its  climate  than  we 
have  yet  had. 

As  an  auxiliary  to  an  extensive  and  permanent  southern  naval  de- 
pot, [perhaps  at  Pensacola]  such  as  a  proper  security  for  our  com- 
merce, and  the  permanent  union  of  the  States,  seem  to  render  indis- 
pensable, it  will  be  found,  I  am  inclined  to  believe,  that  the  island  in 
question  will  soon  become  an  object  worthy  the  serious  attention 
and  consideration  of  the  Government. 

Nature  has  made  it  the  advance  post  from  which  to  watch  and 
guard  our  commerce  passing  to  and  from  the  Mississippi,  while,  at 
the  same  time,  its  peculiar  situation,  and  the  excellence  of  its  har- 
bour, point  it  out  as  the  most  certain  key  to  the  commerce  of  the 
Havana,  to  that  of  the  whole  Gulf  of  Mexico,  and  to  the  returning 
trade  of  Jamaica  ;  and,  I  venture  to  predict,  that  the  first  important 
naval  contest  in  which  this  country  shall  be  engaged,  will  be  in  the 
neighbourhood  of  this  very  island. 

Without  further  remark  on  this  interesting  subject,  permit  me, 
sir,  to  observe,  that,  whatever  objections  may  be  made  to  the  island 
as  a  rendezvous,  in  its  present  unimproved  and  uncultivated  state, 
even  these  may  be  rendered  harmless,  or,  at  least,  measurably  un- 
important, by  substituting  the  following  description  of  force,  for 
that  now  employed  in  the  protection  of  our  commerce  in  the  West 
Indies  and  Gulf  of  Mexico. 

The  Independence  74,  depriving  her  of  her  lower  deck  guns, 
and  giving  her  a  crew  of  four  hundred  and  fifty  seamen,  ordinary 
seamen,  boys,  and  marines,  with  an  extra  complement  of  commis- 
sion officers,  and  double  the  usual  number  of  midshipmen  ;  the 
sloops  of  war  John  Adams,  Hornet,  and  such  other  vessel  of  that 
class  as  can,  from  time  to  time,  be  spared  from  other  service  ; 
the  brig  Spark,  and  schooners  Grampus,  Porpoise,  and  Wild  Cat, 
and  five  or  six  barges,  such  as  are  now  at  Thompson's  Island,  for 
occasional  service. 

The  vessels  particularly  purchased  for  the  suppression  of  piracy, 
have  done  all  that  could  reasonably  have  been  expected  towards 
its  suppression  ;  indeed,  they  have  searched  every  nook  and  cor- 
ner on  the  whole  coast  of  Cuba,  from  which  a  pirate  might  be  ex- 
pected to  issue  ;  and,  besides  capturing  and  destroying  all  that 
could  be  identified  as  being  of  this  character,  they  have  made  im- 
pressions not  to  be  erased  from  the  minds  of  such  monsters,  so  long- 
as  we  keep  a  respectable  force  in  their  neighbourhood,  in  readi- 
ness to  chastise  those  whose  temerity  might  induce  them  to  renew 
their  depredations,  and,  which,  in  the  present  .state  of  things,  not- 
withstanding the  scourging  they  have  received,  would  be  the  case, 
in  the  absence  of  such  a  force  as  I  have  described. 

On  the  adoption  of  the  before  mentioned  force,  the  other  vessels, 
purchased  for  the  suppression  of  piracy,  might  be  sold  ;  a  circum- 
stance very  much  to  be  desired,  as  their  longer  employment  would 
be  found  not  only  useless,  and  dangerous  to  the  health  and  comfort 


1)2 

• 

of  those  employed  in  them,  but  subversive  of  that  discipline  by 
which  our  navy  acquired  its  character,  and  for  which,  at  one  time, 
it  may  be  said  to  have  stood  unrivaled  by  any  other. 

I  have  the  honour  to  be,  with  great  consideration  and  respect, 
Sir,  your  most  obedient  servant,  JOHN  RODGEKS. 

To  the  Hon.  SAM'L  L.  SOUTHARD,  Secretary  of  Ike  Navy. 

Report  of  the  Secretary  of  the  Nary. 

NAVV  DEPARTMENT,  December  \tt,  1823. 

The  PRESIDENT  of  the  United  Slatet  : 

SIR  :  In  obedience  to  the  request  contained  in  your  letter  of  the 
10th  ultimo,  I  submit,  respectfully,  the  following  statement  of  the 
administration  of  this  Department,  during  the  present  year,  com- 
prehending the  number  of  vessels  commissioned  ;  the  number  in 
ordinary,  tit  for  service,  or  requiring  repairs  ;  the  progress  made 
in  building  vessels  ;  with  the  disbursements  of  the  Department, 
and  the  service  in  which  the  vessels  have  been  employed ; 
with  such  observations  on  the  whole  subjert  as  are  deemed  proper. 

Letter  1,  from  the  Commissioners  of  the  Navy,  with  papers  A, 
B,  C,  D,  and  E,  which  accompany  it,  exhibit. 

1.  The  vessels  of  war  in  commission,  with  the  service  in  which 
they  are  employed.     See  A. 

2.  The  vessels  in  ordinary,  on  the  Atlantic  board,  and  on  the 
Lakes,  with  the  state  of  repairs  of  each  vessel. — B  and  C. 

3.  The  progress  made  in  building,  under  the  law  "to  increase 
the  Navy  of  the  United  States  " — D.     By  this,  it  appears  that  four 
ships  of  the  line  have  heretofore  been  built,  and  that  five  ships  of 
the  line,  and  five  frigates  of  the  first  class,  are  now  build. ng  ;  some 
of  which  might  be  launched  in  thirty  days  ;  and  all,  except  one,  in 
one  hundred  and  twenty  days. 

4.  A  general  view  of  the  improvements   at  the  several  building 
yards.     In  some  of  the  yards,    additional  improvements  are  now 
necessary  for  (heir  comfortable  and  economical  administration. 

5.  The  disbursements  of  the  Department  during  the  three  first 
quarters  of  the  present  year,  up  to  the  30th  September  (2.)    The 
disbursements  of  the  year  1822,  appear  by  the  report  made  to  Con- 
gress in  the  month  of  February  last.     It  appears  that    $1,984,520 
74  have  been  drawn  from  the  Treasury  between  the  1st   January 
and  the  30th  September,  leaving,  on  the  latter  day,  $2,218,168  66 
unexpended  of  the  amount  applicable  to  the  service  of  the  year. 
Of  this  unexpended  balance,  a  large  proportion  will  be  used  during 
the  remaining  quarter  ;  and  a  minute  statement  of  the  whole  will 
be  furnished  to  Congress  in  the  annual  report  required  from  this 
Department. 

On  paper  A,  it  is  to  be  remarked,  that  the  frigate  Constitution, 
sloop  of  war  Ontario,  and  schooner  Nonsuch,  are  in  the  Mediter- 
ranean, under  the  command  of  Captain  Jones.  No  change  in  the 
amount  of  force,  in  that  sea,  has  been  made  within  the  vear.  It 


113 

has  been  found  competent  to  all  the  purposes  for  which  it  is  main- 
tained. Our  commerce  there  has  been  amply  protected  ;  the  offi- 
cers and  seamen  have  enjoyed  good  health,  and  no  circumstance 
has  occurred  worthy  of  particular  notice.  While  our  relations 
with  other  powers  continue  friendly,  any  large  augmentation  of 
lhat  portion  of  our  naval  force  will  not  be  necessary.  In  the  com- 
ing year,  it  is  not  proposed  materially  to  increase  or  diminish  it. 
The  Cyane  and  Erie  will,  in  a  short  time,  relieve  the  Constitution 
and  Ontario,  that  they  may  return  home,  discharge  their  crews, 
whose  term  of  service  will  soon  expire,  refit,  and  resume  their 
station.  For  this  purpose,  the  Erie,  Captain  Deacon,  sailed  from 
New  York  on  the  8(h  November,  and  the  Cyane,  Captain  Creigh- 
ton,  will  sail  in  a  few  days. 

On  the  same  paper,  A,  it  is  to  be  further  remarked,  that  the 
Franklin,  ship  of  the  line,  and  the  schooner  Dolphin,  of  12  gun?, 
are  still  in  the  Pacific  Ocean,  where  they  have  remained  for  more 
than  two  years,  under  the  command  of  Captain  Stewart.  By  the 
presence  of  this  force  on  the  coasts  of  Chili  and  Peru,  depreda- 
tions on  our  growing  commerce  have  been,  in  a  great  degree,  pre- 
vented, and  respect  for  our  interests  and  flag  secured. 

Capt.  Stewart  will  return  to  the  United  States  in  the  course  of 
this  winter,  or  early  in  the  ensuing  spring;  and,  in  the  place  of  the 
Franklin,  it  is  proposed  to  substitute  the  frigate  United  States,  and 
the  Peacock,  sloop  of  war,  of  18  guns.  Such  a  division  of  the 
force,  it  is  believed,  will  more  extensively  protect  the  flag  and  com- 
merce of  the  United  States,  and  permit  the  commanding  officer, 
with  the  larger  vessel,  to  be  absent  from  the  usual  cruising  grounds 
for  a  short  time,  should  circumstances  render  such  absence  necessa- 
ry. Captain  Hull  will  sail,  in  a  few  days,  from  Norfolk,  in  com- 
mand of  these  vessels. 

The  Cyane,  Captain  Spence,  and  the  Shark,  commanded  by 
Lieut.  M.  C.  Perry,  have,  for  short  periods,  cruised  upon  the  coast 
of  Africa,  to  carry  into  effect  the  intentions  of  the  government,  in 
the  suppression  of  the  slave  trade,  and  the  protection  of  the  agency 
for  liberated  Africans,  established  at  Cape  Messurado. 

While  Captain  Spence  was  at  Sierra  Leone  and  the  Cape,  he 
fitted  out  the  Augusta,  a  small  schooner,  which  was  found  on  the 
coast,  deserted  and  dismantled,  and  placed  under  the  command  of 
Lieut.  Dashiell,  to  cruise  in  the  neighbourhood  of  the  Cape,  with 
the  conviction  that  its  presence  was  at  that  time  essential  to  the 
protection  of  the  Agency,  and  might  be  useful  in  preventing  the 
trail.:  in  slaves.  It  still  remains  upon  that  coast. 

During  the  time  that  Captain  Spence  and  Lieutenant  Perry 
were  cruising;,  they  neither  saw  nor  heard  of  any  vessel,  under  the 
American  flag,  engaged  in  the  slave  trade.  If  citizens  of  the  Uni- 
ted States  are  still  employed  in  that  traffic,  they  seem  to  have  been 
driven  to  conceal  themselves  under  the  flags  of  other  nations. 

The  agency  at  Cape  Messurado,  for  receivini;  the  re-captured 
and  liberated  Africans,  enjoyed  favourable  rospecte,  until  late  last 


114 

fall,  when  it  was  assailed  by  a  large  body  of  the  natives,  and  in  dan- 
o-er'of  being  entirely  destroyed.  Some  of  the  liberated  Africans 
were  killedf  in  the  contest.  The  extracts  of  letters  from  Captain 
Spence,  Lieutenant  Perry,  and  Messrs.  Ashmun  and  Ay  res,  will 
shew  the  manner  in  which  they  were  able  to  defend  themselves, 
with  the  aid  of  a  midshipman  and  several  men  belonging  to  a  Bri- 
tish verisebof  war,  then  in  the  neighbourhood.  The  establishment 
having  passed  through  this  trial,  now  promises  to  accomplish  all  the 
benefits  anticipated  from  it.  In  order  to  afford  it  the  necessary 
protection,  and  to  continue  our  exertions  to  repress  the  slave 
trade,  it  is  proposed,  as  the  most  efficient  and  economical  arrange- 
ment, that  the  commander  of  the  West  India  squadron  shall,  from 
time  to  lime,  detach  one  or  more  of  the  vessels  belonging  to  his  com- 
mand, to  cruise  along  the  African  coast,  occasionally  touching  at 
Cape  Messurado,  and  ministering  to  the  wants  of  the  people  there  j 
and  following,  in  their  return,  the  usual  track  of  the  slave  ships. 

Eleven  Africans,  none  of  whom  could  speak  the  English  language, 
were,  some  months  ago,  brought  by  a  Capt.  Chase,  as  mariners, 
into  the  port  of  Baltimore,  and  were  there  taken  into  the  possession 
of  the  officers  of  the  government,  and  an  investigation  instituted 
into  the  supposed  violation  of  our  laws  in  introducing  them.  By 
means  of  an  interpreter,  who  understood  the  languages  of  all,  ex- 
cept one  or  two  or  them,  it  was,  subsequently,  discovered,  that 
they  belonged  fo  tribes  in  the  neighbourhood  of  Messurado,and  that 
eome  of  them  were  of  the  head  men  of  their  tribes.  It  was  therefore 
believed,  that  their  restoration  by  this  Government  would  produce 
a  salutary  effect;  and  an  inquiry  was  directed  to  be  made  through 
the  interpreter,  whether  they  were  willing  to  return  to  Africa. — 
Such  being  found  to  be  their  wish,  they  were,  in  the  early  part  of 
October,  sent  to  our  agent  at  Messurado,  with  directions  to  per- 
mit their  return  to  their  several  homes,  by  the  best  and  moet 
expeditious  means.  . 

So  far  as  the  Department  is  yet  apprized  of  the  expenditures  for 
the  agency  during  the  present  year,  they  have  amounted  to  $7.287 
48  cents. 

On  the  western  side  of  the  Atlantic  ocean,  and  in  the  GuK  of 
Mexico,  the  operations  of  our  naval  force  have  been  more  active. 
Several  vessels  were  in  commission  there,  at  the  close  of  the  last 
year.  To  these  were  added,  under  the  authority  o»  the  law  passed 
at  the  last  session  of  Congress,  "  authorizing  an  additional  naval 
force  for  the  suppression  of  piracy  "  the  Steam  Galliot  Sea  Gull  ; 
eight  small  schooners,  the  Grey  Hound,  JackalU  Fox,  Wild  Cat, 
Beagle,  Ferret,  Weazel,  and  Terrier  ;  five  barges,  the  Musquito, 
Gnat,  Midge,  Sandfly,  and  Gallinipper  ;  and  one  transport  ship,  the 
Decoy. 

Capt.  David  Porter  was  appointed  to  the  command  of  the  squad- 
ron, and  sailed  from  Norfolk  about  the  10th  of  February  last.  His 
station  was  at  Thompson's  Island,  from  which  he  despatched  his  ves- 
sels, in  such  way  as  be  judged  best  suited  to  attain  his  objects. 


115 

The  annexed  extracts  from  his  letters  and  reports  exhibit  the  re- 
sults. 

The  size  of  mo«t  of  the  vessels,  the  nature  of  the  duties, 
and  the  exposure  oi'  the  officer?  and  men,  called  for  a  display  of 
perseverance  and  fortitude  seldom  required  of  those  engaged  in  our 
Service — but  the  call  was  well  answered.  Every  thing  was  accom- 
plished, which  was  anticipated  from  the  expedition.  Piracy,  as  a 
system,  has  been  repressed,  in  the  neighbourhood  of  the  Island  of 
Cuba,  and  now  requires  only  to  be  watched,  by  a  proper  force,  to 
be  prevented  from  afflicting  commerce,  any  further,  in  that  quarter. 
The  public  authorities  of  the  Island  of  Cuba  manifested  a  friendly 
dispo-ition  towards  the  squadron,  and  rendered  much  assistance  in 
the  pursuit  of  its  objects. 

On  the  5th  March,  as  Lieut.  Cocke,  in  obedience  to  the  orders 
of  Capt.  Porter,  was  entering  the  harbour  of  St.  John*,  Porto  Hico, 
in  the  schooner  Fox,  he  was  killed  by  a  shot  from  the  castle.  Ex- 
tracts from  the  correspondence  between  Capt.  Porter,  and  the  Gov- 
ernment of  the  island  on  this  subject,  are  annexed. 

The  squadron  wa*  healthy  and  prosperous,  until  about  the  mid- 
dle of  August,  when  a  malignant  fever  broke  out  at  the  station,  and 
destroyed  many  valuable  lives.  The  first  reports  of  this  calamity 
were  brought  to  the  Department  on  the  17th  September.  At  the 
time  they  left  the  island.  Captain  Porter  and  most  of  the  medical 
officers  were  sick,  and  there  was  great  cause  tofe:ir  that  the  squad- 
ron would  be  deprived  of  its  commanding  officer,  and  of  the  medi- 
cal assistance  necessary  to  its  safety.  Under  these  circumstances 
it  \v:i-.  considered  expedient  to  send  to  the  station  an  officer  of  rank 
and  experience,  with  a  sufficient  number  of  surgeons,  to  furnish,  in 
any  event,  the  aid  nc-cesxary  for  the  safety  and  proper  conduct  of 
the  squadron,  with  power  to  remove  it,  should  hat  be  found  ne- 
cessary. Captain  Rodgers  cheerfully  consented  to  encounter  the 
hazard  and  responsibility  attendant  on  such  an  expedition.  He 
sailed  from  New-York  as  st»on  as  a  vessel  could  be  prepared  for 
the  purpose  ;  but,  before  hi.*  arrival,  Captain  Potter  had  become 
convalescent,  and,  with  the  greater  part  of  the  squadron,  had  re- 
turned to  the  United  States.  The  reports  of  these  officers  will  fully 
explain  their  views  of  the  causes  of  the  disease,  and  the  means  by 
which  a  recurrence  of  it  may  be  prevented. 

It  is  believed  that  the  Florida  station  is  incalculably  important  to 
some  of  the  best  interests  of  this  Union  ;  and  that  it  ought  not  to 
be  deserted  until  every  expedient  has  failed  to  render  it  a  secure 
and  healthy  position  for  our  vessels.  1  feel  great  contidence  in  the 
opinion  that  it  may  be  made  such,  without  encountering  great  ha- 
zard of  the  evils  we  have  heretofore  suffered. 

For  the  protection  of  commerce,  and  the  suppression  of  piracy 
in  the  Western  Atlantic  and  Gulf  of  Mexico,  it  is  proposed,  in  the 
ensuing  year,  to  continue  Thompson's  Island  as  the  station  for  the 
vessels  employed  in  those  objects  ;  to  place  there  a  ship  of  the 
line,  armed  and  manned  as  a  frigate,  for  which  purpose  the 


116 

nendence  is  well  fitted  ;  and  to  attach  to  the  command  the  John 
Adams  and  Hornet,  and  one  other  sloop  of  war,  with  four  of  the 
larger  schooners,  the  Grampus,  Porpoise,  Shark,  and  Spark,  one  of 
the  smaller  schooners,  and  the  barges.  This  force  is  competent  to 
protect  all  our  interests.  The  ship  of  the  line,  placed  in  a  proper 
position,  will  afford  comfortable  accommodations  to  those  who  are 
obliged  to  remain  at  the  station,  and  prevent  the  necessity  of  inter- 
course with  the  island,  when  danger  is  suspected.  The  cruises  of 
the  other  vessels,  except  those  which  visit  the  Coast  of  Africa,  may 
be  limited  to  four,  five,  or  six  weeks,  and  on  their  return,  their 
crews  may  be  exchanged  for  others,  who,  during  that  time,  have 
been  stationary.  By  these  means,  and  a  proper  attention  to  clean- 
liness, both  in  the  men  and  the  vessels,  and  avoiding  intercourse 
with  places  known  to  be  sickly,  the  health  of  all  will  probably  be 
preserved.  For  the  proper  execution  of  such  a  system,  full  reli- 
ance may  be  placed  in  our  officers.  The  island  itself,  by  clearing, 
draining,  and  cultivating,  will,  after  a  time,  probably  become  more 
healthful. 

It  will  be  perceived,  that  this  distribution  of  force  includes  only 
one  of  the  small  schooners.  They  were  admirably  calculated  for 
the  end  for  which  they  were  purchased,  and  have  effected  it.  But 
piracy  being  for  the  present  repressed,  and  requiring  only  such  a 
force  as  will  prevent  its  revival,  they  are  no  longer  necessary  ; 
and,  being  both  very  expensive,  and  utterly  subversive  of  all  dis- 
cipline, it  is  respectfully  recommended  that  they  be  sold,  retaining 
one  for  the  present  season  ;  after  which  it  may  be  sold.  The  Por- 
poise and  a  small  schooner  have  been  employed  under  the  com- 
mand of  Lieut.  Ramage,  in  the  survey  of  a  part,  of  the  Florida 
Coast.  It  is  proposed  that  those  vessels  be  placed  under  the  con- 
trol of  the  commanding  officer  of  the  Florida  station  ;  and  if  it  be 
found  proper  to  continue  the  survey,  that  the  instructions  for  that 
purpose  be  given  to  that  officer. 

Many  of  the  officers  having  died  during  the  present  year,  it  is 
thought  proper  to  annex  a  list  of  the  times  and  places  of  their 
deaths. 

No  observations  on  the  organization  and  discipline  of  the  Navy 
seem  to  be  required.  That  subject  has  heretofore  been  presented 
for  consideration. 

Very  respectfully,  I  have  the  honour  to  be,  your  most  obedient 
servant,  SAM'L  L.  SOUTHARD. 


The  Secretary  of  the  Navy  to  the  President  of  the  United  States. 

NAVY  DEPARTMENT,  December  1,  1824. 

SIR  :  I  have  the  honour  to  present  to  you  the  following  report, 
exhibiting  the  administration  of  this  Department  during  the  present 
year. 

There  are  now  in  commission  for  the  sea  service,  the  vessels 
named  in  paper  A,  subjoined  to  this  report. 


117 

Nothing,  worthy  of  particular  observation,  has  occurred   with 
our  squadron  in  the  Mediterranean. 

It  has  been  maintained  at  the  extent  which  was  proposed  in  the 
report  of  last  year,  and  has  afforded  the  necessary  protection  to 
our  commerce  there.  The  unfriendly  relations,  however,  which 
exist  between  Algiers  and  some  of  the  gofernments  of  Europe,  and 
the  effects  not  unlikely  to  be  felt,  upon  our  political  and  commer- 
cial interests  in  that  quarter,  with  other  important  considerations, 
have  been  supposed  to  render  it  expedient  to  augment  our  force. 
With  this  view,  the  North  Carolina  has  been  prepared,  and  will 
sail  in  a  few  days.  The  squadron  will  then  consist  of  the  ship  of 
the  line  North  Carolina,  frigate  Constitution,  corvette  Cyane,  the 
sloops  of  war  Erie  and  Ontario,  and  schooner  Nonsuch  ;  and  will 
be  under  the  command  of  Commodore  Rodgers,  who  has  been,  for 
several  years  past,  the  President  of  the  Board  of  Navy  Commis- 
sioners, and  whose  high  qualifications  are  so  well  known  and  justly 
estimated  by  the  nation. 

Our  naval  force  in  the  Atlantic  and  Gulf  of  Mexico,  has  continu- 
ed under  the  command  of  Commodore  Porter.  By  direction  of  the 
Department,  he  has,  from  time  to  time,  despatched  one  of  the  ves- 
sel? of  his  squadron  to  the  Coast  of  Africa,  to  touch  at  Cape  Messu- 
rado,  minister  to  the  wants  of  the  agency  there,  and  return  by  the 
usual  track  of  the  slave  ships.  None  of  these,  or  any  other  of  our 
public  ships,  have  found  vessels  engaged  in  the  slave  trade,  under 
the  flag  of  the  United  States,  and  in  such  circumstances  as  to  justi- 
fy their  being  seized  and  sent  in  for  adjudication  :  And,  although 
it  is  known,  that  the  trade  still  exists,  to  a  most  lamentable  extent, 
yet,  as  it  is  seldom,  if  ever,  carried  on  under  our  own  flag,  it  is  im- 
possible, with  the  existing  regulations  and  instructions,  to  afford 
very  efficient  aid  in  exterminating  it.  That  object  can  only  be  ac- 
complished by  the  combined  effort  of  the  maritime  nations,  each 
yielding  to  the  others  the  facilities  necessary  to  detect  the  traffic 
under  its  own  flag.  The  agency  for  recaptured  Africans  has  been 
maintained,  in  the  same  manner  as  in  the  last  year.  The  eleven 
negroes  which  were  taken  from  Captain  Chase,  at  Baltimore,  and 
sent  to  the  agency,  were  restored  to  their  homes,  under  circum- 
stances very  gratifying  to  humanity,  and  calculated  to  produce  a 
good  effect  upon  their  several  tribes.  The  near  relations  of  some 
of  them  were  on  the  shore  when  they  arrived,  manifested  much 
sensibility  at  their  unexpected  return,  and  furnished  safe  means  of 
restoring  them  to  their  families. 

The  agent,  Dr.  Ayres,  was  compelled,  by  enfeebled  health,  to 
return  to  the  United  States,  and  left  Mr.  Ashmun  as  acting  agent. 
He  likewise  was  obliged,  by  the  same  cause,  to  be  absent  for  a  time  ; 
inconveniences  necessarily  resulted,  and  it  was  thought  expedient 
to  send  the  Rev.  Mr.  Gurley  to  examine  into  the  situation  of  the 
agency,  with  directions  to  make  certain  arrangements,  should  cir- 
cumstances require  them.  His  report,  marked  B,  with  other  pa- 
pers, will  be  annexed,  should  his  health  enable  him  to  make  it  iu 


118 

time,  and  will  show  the  condition  and  prospects  ofthe  agency.  The 
principal  difficulties  which  have  been  encountered  there,  have 
arisen  from  the  want  of  a  lit  position  and  suitable  accommodations 
for  the  agent,  and  the  recaptured  Africans,  on  their  arrival  on  the 
coast.  These  difficulties  have  been,  in  a  great  degree,  overcome, 
and  will,  with  the  expense,  be  regulary  diminished,  as  the  establish- 
ment made  by  the  Colonization  Society  increases,  and  is  rendered 
more  permanent  and  well  regulated,  furnishing  facilities  for  all  the 
objects,  for  which  the  agency  was  created.  The  expenditures 
during  the  year,  so  far  as  they  are  yet  known,  ofthe  appropriation 
for  the  prohibition  ofthe  slave  trade,  has  amounted  to  $15,326  02, 
and  there  remains,  of  that  fund,  a  balance  of  $47,391  39. 

The  manner  in  which  the  force  assigned  to  the  protection  of 
our  commerce,  and  the  suppression  of  piracy,  in  the  West  Indies, 
has  been  employed,  will  be  seen  by  the  annexed  letters  and  re- 
ports of  Commodore  Porter,  marked  C.  The  activity,  zeal,  and 
enterprize  of  our  officers,  have  continued  to  command  approbation. 
All  the  vessels  have  been  kept  uniformly  and  busily  employed, 
where  the  danger  was  believed  to  be  the  greatest,  except  for  short 
periods,  when  the  Commander  supposed  it  necessary  that  they 
should  return  to  the  United  States,  to  receive  provisions,  repairs, 
and  men,  and  for  other  objects  essential  to  their  health,  comfort, 
and  efficiency.  No  complaints  have  reached  this  Department,  of 
injury  from  privateers  of  Porto  Rico,  or  other  opanish  possessions, 
nor  have  our  cruisers  found  any  violating  our  rights.  A  lew  small 
piratical  vessels,  and  some  boats,  have  been  taken,  and  establish- 
ments broken  up,  and  much  salutary  protection  afforded  to  our 
commerce.  The  force  employed,  however,  has  been  too  small, 
constantly  to  watch  every  part  of  a  coast,  so  extensive  as  that  of 
the  islands  and  the  shores  of  the  Gulf  of  Mexico,  and  some  piratical 
depredations  have  therefore  been  committed  ;  but  they  are  of  a 
character,  though,  perhaps,  not  less  bloody  and  fatal  to  the  suffer- 
ers, yet  differing  widely  from  those  which  first  excited  the  sympa- 
thy ofthe  public,  and  exertions  of  the  Government.  There  are 
few,  if  any,  piratical  vessels  of  a  large  size  in  the  neighbourhood  of 
Cuba,  and  none  are  now  seen  at  a  distance  from  the  land  ;  but  the 
pirates  conceal  themselves,  with  their  boats,  in  small  creeks,  bays, 
and  inlets,  and  finding  vessels  becalmed,  or  in  a  defenceless  situa- 
tion, assail  and  destroy  them.  When  discovered,  they  readily  and 
safely  retreat  into  the  country,  where  our  forces  cannot  follow, 
and  by  the  plunder  which  they  have  obtained,  and  which  they  sell 
at  prices  low  and  tempting  to  the  population,  and  by  the  apprehen- 
sions which  they  are  able  to  create  in  those  who  would  otherwise 
give  information,  they  remain  secure,  and  mingle,  at  pleasure,  in 
the  business  of  the  towns,  and  transactions  of  society,  and  acquire 
all  the  information  necessary  to  accomplish  their  purposes.  Against 
such  a  system,  no  naval  force,  within  the  control  of  this  Depart- 
ment, can  afford  complete  security,  unless  aided  by  the  cordial, 
unwavering  and  energetic  co-operation  of  the  local  governments  ; 


119 

a  co-operation  which  would  render  their  lurking  places  on  land  un- 
s;ife,  and  make  punishment  the  certain  consequence  of  detection. 
Unless  this  co-operation  be  obtained,  additional  means  ought  to  be 
entrusted  to  the  Executive,  to  be  used  in  such  manner  as  experi- 
ence may  dictate. 

The  health  of  the  squadron,  and  of  Thompson's  Island,  has  been 
much  better  than  during  the  last  season  ;  yet  many  of  our  officers, 
and  among  them  Commodore  Porter,  have  suffered  severely  from 
disease,  and  several  have  died  ;  most  of  the  latter  have  fallen  vic- 
tims to  the  necessity,  real  or  imagined,  of  visiting  unhealthy  places 
upon  shore,  which  they  were  warned  as  much  as  possible  to  avoid, 
and  which  a  sense  of  duty,  no  doubt,  induced  them  to  visit.  A  list 
of  those  who  have  died  during  the  year,  on  that  and  other  stations, 
will  be  annexed,  marked  D. 

Some  improvements  have  been  made,  and  others  are  proposed, 
at  Thompson's  Island,  by  cutting  the  timber,  clearing  and  drain- 
ing the  ground,  and  building  store-houses,  and,  if  the  means  are  af- 
forded, it  is  confidently  believed,  that  it  will  be  made  both  compar- 
atively comfortable  and  healthy,  before  the  next  summer  and  fall. 
A  balance  of  $28,784  69  still  remains  of  the  appropriation  of  De- 
cember, 1822,  "  authorizing  an  additional  naval  force  for  the  sup- 
pression of  piracy,"  but  claims  exist  against  it,  to  a  large  amount, 
which  have  not  yet  been  presented. 

Two  of  the  small  schooners,  the  Greyhound  and  the  Jackal],  pur- 
chased under  the  authority  of  that  act,  have  been  found  "  so  much 
out  of  repair,  that  it  was  not  for  the  interest  of  the  United  States  to 
repair  them,"  and  were  disposed  of;  and  one  other,  the  Wild  Cat, 
it  is  feared,  is  lost,  with  her  officers  and  crew,  in  a  passage  from 
Havana  to  Key  West. 

The  force  on  that  station  has  been  in  this  way  somewhat  reduced, 
and  it  has  been  considered  expedient  to  augment  it,  by  the  addition 
of  the  frigate  Constellation,  which  will  be  ready  to  join  it,  as  soon 
as  men  can  be  enlisted  for  the  purpose.  One  of  the  sloops  of  war, 
now  in  the  Mediterranean,  will,  probably,  be  ordered  there  in  the 
spring,  should  circumstances  permit. 

The  surveys  directed  by  the  act,  entitled  "  An  act  authorizing 
an  examination  arid  survey  of  the  Harbour  of  Charleston,  in  South 
Carolina,  of  St.  Mary's  in  Georgia,  and  of  the  Coast  of  Florida, 
and  for  other  purposes,"  have  not  yet  been  completed. 

Competent  naval  officers,  have  been  ordered  upon  the  service. 
It  was  thought  useful  to  unite  with  them,  in  a  part  of  the  examina- 
tions, one  or  more  of  the  Corps  of  Engineers,  which  could  not  be 
effected. 

On  application  to  the  War  Department,  it  was  found  that  all  the 
officers  of  that  corps  were  so  engaged,  as  to  prevent  the  Secretary 
from  detailing  even  one  for  this  service.  It  is  hoped,  however, 
that  such  information  has,  in  the  mean  time,  been  procured,  re- 
specting the  places  named,  except  St.  Mary's,  as  will  accomplish  the 
pnrpose  for  which  the  law  was  passed,  should  Congress  act  upon 


120 

the  subject  at  this  Session.  Should  it  be  proposed,  however,  fo 
fix  upon  a  site  for  a  Naval  Depot  in  the  Gulf  of  Mexico,  I  would 
respectfully  suggest  the  propriety  of  entrusting  the  selection  and 
purchase  to  the  Department,  after  further  and  satisfactory  surveys 
shall  have  been  made. 

Commodore  Stewart,  in  the  Franklin,  arrived  at  New -York  in 
the  month  of  August,  having  left  Commodore  Hull,  with  the  frigate 
United  States,  the  sloop  of  war  Peacock,  and  the  schooner  Dol- 
phin, in  the  Pacific.  It  is  hoped  that  this  force  will  be  able  to  pre- 
vent depredations  on  our  important  commerce  in  that  sea,  and  se- 
cure respect  for  our  flag.  Our  commerce,  however,  has  increased 
so  rapidly  there,  and  is  scattered  over  so  large  a  space,  that  an  ad- 
dition of  one  or  more  vessels  would  be  made,  if  they  were  within 
the  control  of  the  Department. 

This  addition  will  become  indispensable,  should  the  Government 
be  disposed  to  make  permanent  provision  for  the  protectinn  of  our 
commerce,  and  other  interests  in  the  neighbourhood  of  Columbia 
river,  and  on  the  northwest  coast.  Constant  experience  shews  the 
importance  of  such  augmentation  of  the  number  of  our  vessels,  as 
will  enable  the  Government  to  add  to  the  force  both  in  the  Atlantic 
and  Pacific.  Inconveniences  are  felt,  and  losses  are  sustained,  by 
our  citizens  in  both  oceans,  which  might  be  prevented,  were  the 
means  for  their  protection  enlarged. 

In  the  course  of  the  year,  several  regulations  have  been  adopted 
to  promote  efficiency  and  economy  in  the  medical  and  other  de- 
partments of  the  service,  and  some  good  is  anticipated  from  them. 
It  is  impossible,  however,  to  do  all  which  is  desired  without  the 
aid  of  Congress.  Several  laws  seem  necessary  to  render  the  esta- 
blishment economical  and  efficient.  Among  them  are  those  which 
were  under  consideration  at  the  last  session,  for  building  ten  sloops 
of  war,  and  re-organizing  the  Navy.  To  these  ought  to  be  added  a 
revision  of  the  law  for  the  better  government  of  the  Navy,  and  the 
system  of  Courts  Martial.  But  especially  some  provision  should 
be  made  for  the  education  and  instruction  of  the  younger  officers. 
We  have  now  the  light  of  experience  on  this  point  in  the  army, 
and  its  salutary  effects  are  very  manifest.  Instruction  is  not  less 
necessary  to  the  Navy  than  to  the  Army.  I  refer  to  the  views  taken 
of  some  of  these  subjects  in  the  reports  made  during  the  last  Ses- 
sion, and  it  will  be  my  duty  to  develope  them  more  fully  in  answer 
to  a  resolution  of  the  Senate  now  before  me. 

The  expenditures  of  the  year  are  submitted  in  a  report  from  the 
Second  Comptroller,  marked  F,  and  the  estimates  for  the  next 
year  is  one,  from  the  Commissioners  of  the  Navy,  marked  G.  In 
the  latter,  it  will  be  found  that  estimates  have  been  made  of  the  ex- 
pense of  certain  necessary  improvements  at  Thompson's  Island, 
and  for  the  repairs  of  four  of  our  frigates,  which  policy  and  econo- 
my require  to  be  placed  in  such  a  situation,  that  their  services  can 
be  commanded  whenever  they  shall  be  necessary. 

We  have,  at  present,  no  frigate  which  could  be  sent  to  sea,  with- 


121 


«ut  large  repairs,  creating  a  delay  which,  under  certain  circum- 
stance*, mi<iht  be  injurious  to  the  public  interest. 

The  general  estimate  comprehends  the  several  heads  of  expendi- 
ture, in  the  form  supposed  to  he  best  tilted  for  keeping  the  accounts, 
with  plainness  and  accuracy,  most  easily  explained,  best  adapted 
to  a  rigid  investigation  of  the  expenses  of  the  naval  service,  and,  aa 
far  as  practicable,  conformed  to  the  views  of  the  House  of  Repre- 
sentatives at  the  last  Session,  as  understood  at  the  Department.  It 
is  accompanied  by  explanatory  statements  of  the  several  items,  in 
great  detail,  exhibiting  the  propriety  of  the  estimate,  and  the  ne- 
cessity of  the  appropriation. 

The  estimates  for  the  Marine  Corps,  with  the  explanatory  state- 
ments, are  added  and  marked  II. 

I  have  the  honour  to  be,  with  great  respect,  Sir,  your  most  obe- 
dient servant,  SAM'L  L.  SOUTHARD. 

To  the  PRESIDENT  of  the  Untied  Stalet. 


FESSELS 

of  the  United  States  Navy  in  commission  —  1825. 

ffamet 
North  Carolina 
Constitution 
United  States 

Rate.                   Ac.  of  gum.          Station. 
Ship  of  the  line           74           Mediterranean 
Frigate                        44                   do 
do                              44           Pacific 

Constellation 

do 

36 

West  India  Sea 

John  Adams 

Corvette 

24 

do 

Cyane 
Erie 
Ontario 

do 
Sloop 
do 

24 
18 
18 

Mediterranean 
do 
do 

Hornet 

do 

18 

West  India  Sea 

Peacock 

do 

18 

Pacific 

Spark 
Porpoise 
Grampus 
Shark 

Brig 
Schooner 
do 
do 

12 
12 
12 
12 

West  India  Sea 
do 
do 
do 

Dolphin 
Nonsuch 

do 

12 
12 

Pacific 
Mediterranean 

Decoy 
Sea  Gull 
Ferret 

Store  ship 
Brig 
Schooner 

6* 
3 
3 

West  India  Sea 
do 
do 

Beagle 
Weazel 

do 
do 

3 
3 

do 
do 

Fox 

do 

3 

do 

Terrier 

do 

3 

do 

c. 

Gopy  of  a  letter  addressed  to  the  Honourable  Benjamin  W.  Crowninshield,  Chair- 
man of  the  Naval  Committee  in  the  House  of  Representatives. 

NAVX  DEPARTMENT,  Dec.  21st,  1824. 

SIR:  I  have  the  honour  to  acknowledge  the  receipt  of  your  let- 
16 


1242 

ter  of  the  Mth  inst.  making  certain  inquiries  respecting  the  sup- 
pression of  piracy,  to  which  I  submit  the  following  answer. 

The  nature  and  extent  of  the  force  required,  must  necessarily  be 
regulated  by  the  nature  and  extent  of  the  evil  to  be  repressed.— 
The  views  of  the  Department,  on  this  latter  point,  are  contained  in 
the  annual  report  made  to  the  President  of  the  United  States,  and 
communicated  by  him  to  Congress,  with  his  message,  and  to  which  I 
beg  leave  to  refer  you. 

There  have  lately  been  very  few,  if  any,  vessels  of  a  large  size, 
engaged  in  piratical  depredations,  at  a  distance  from  the  land.  The 
naval  force  which  has  been  employed,  and  which  is  stated  in  the  re- 
port referred  to,  has  succeeded  in  driving  away,  or  destroying,  ves- 
sels of  that  description,  and  has  thus  effected  the  immediate  object 
for  which  it  was  created.  But  the  evil  has  assumed  another  shape, 
for  which  this  force  does  not  seem  to  be  well  fitted.  Our  vessels, 
even  the  smallest,  cannot£>llow  the  pirates  into  many  of  the  creeks 
and  inlets  to  which  they  resort — this  must  always  be  done  in  boats, 
which  cannot  be  carried  by  them  in  sufficient  numbers  to  be  effec- 
tual ;  nor  can  the  greater  part  of  them,  on  account  of  their  size, 
and  the  want  of  accommodations  for  water  and  stores,  remain  long 
at  sea,  so  as  permanently  and  effectually  to  watch  even  the  most 
suspected  places. 

I  would,  therefore,  respectfully  recommend  three  or  more,  fri- 
gates, or  sloops  of  war,  as  an  addition  to  the  force  now  in  the  West 
Indies  and  Gulf  of  Mexico,  or  as  a  substitute  for  the  small  vessels. 
The  sloops  would  be  as  competent  to  the  object  as  the  frigates,  and 
would  be  much  less  expensive.  We  cannot,  however,  detach  that, 
or  even  a  less  number,  from  the  stations  where  they  now  are, 
without  weakening  our  squadrons  too  much. 

It  will  be  necessary  to  build  them,  which  can  be  done  in  less  time, 
and  at  less  expense,  than  would  require  to  repair  and  fit  for  sea  the 
same  number  of  frigates.  Two,  or  perhaps  three,  might  be  finished  in 
four  or  five  months.  These  vessels  would  be  able  to  lie  or  cruise 
steadily,  and  for  long  periods,  where  their  presence  was  most  need- 
ed ;  and,  being  well  provided  with  boats,  coutd  pursue  into  any  wa- 
ters where  escape  waj  attempted. 

In  addition  to  this  provision,  our  officers  should  be  authorized  to 
pursue  the  pirates  wherever  they  may  fly.  The  authority  which 
has  heretofore  been  given  on  this  point,  will  be  seen  \jy  the  extracts 
from  the  orders  to  Com.  Porter,  hereunto  annexed,  and  marked  A. 
The  right  to  follow  should  be  extended  to  the  settled  as  well  as  the 
unsettled  parts  of  the  Islands  ;  and,  should  this  prove  ineffectual,  a 
resort  will  be  necessary  to  such  a  general  and  rigorous  blockade,  as 
will  make  both  the  local  Governments  and  their  subjects  feel  that 
their  interest,  as  well  as  their  honour,  requires  a  respect  for  our 
rights,  and  the  rights  of  humanity.  For  such  an  extremity,  the 
proposed  sloops  of  war  will  be  indispensable.  What  warnings 
should  be  given,  or  demands  made  upon  Spain,  or  what  negotiations 
had,  with  other  Governments,  before  this  course  be  adopted,  it  is 


123 

not  my  province  to  suggest.  But,  as  these  pirates  are,  essentially, 
robbers,  living  upon  the  land,  and  not  upon  the  ocean,  if  the  local 
Governments  cannot,  or  will  not,  prevent  them  from  inflicting  such 
serious  injuries  upon  us,  we  must  seek  them  where  they  are  to  be 
found,  and  so  punish  them,  as  to  prevent  a  repetition  of  their  crimes. 
Should  the  foregoing  suggestions  be  adopted,  a  law  would  be  ne- 
cessary, authorizing  the  building  of  the  sloops  of  war,  with  an  ap- 
propriation of  $  85,000  for  the  cost  of  each,  and  $6 1,086  50  for 
the  annual  support  of  each.  Or  the  sums  mentioned  may  be  added 
to  the  estimates  for  the  support  of  the  navy  ;  the  amount  for  build- 
ing, under  the  head  of  building  and  repairs  of  vessels  ;  and  the  oth- 
er under  those  of 

Pay  and  subsistence  31,391  50 

Provisions  •  15,695  00 

Repairs,  including  wear  and  tear    -  12,00000 

Hospital  stores  and  medicine  2,000  00 

$61,086  50 

In  answer  to  your  inquiry  on  the  subject,  I  would  suggest  that  it 
is  not  believed  to  be  proper  to  designate,  in  any  act  of  Congress, 
the  disposition  of  the  force  ;  the  only  effect  of  which  would  be  to 
apprize  the  pirates  more  fully  of  the  mode  and  place  of  attack,  and 
thus  enable  them  more  surely  to  escape. 

It  is  proper  to  remark,  that  any  naval  force  which  we  can  apply 
to  this  object,  will  not  be  sufficiently  extensive  to  cover,  at  all  times, 
every  part  of  the  shores  of  the  Islands  and  Gulf  of  Mexico  ;  and 
that  some  merchant  vessels  may,  and  probably  will  be  caught,  with- 
out other  protection  than  that  which  their  own  strength  affords. — 
Hence,  the  suggestion  of  arming  them  is  very  obvious,  and  has  been, 
frequently  made.  The  evils  to  be  apprehended  from  it,  however, 
are  equally  obvious.  No  sufficient  pledge  can  be  given,  that  some 
of  them,  if  armed,  and  feeling  their  power,  would  not  abuse  it ; 
and.  in  the  present  situation  of  the  West  Indies,  and  countries 
south  of  us,  endanger  our  friendly  relations,  and  commit  acts  almost 
as  much  to  be  deprecated,  as  those  against  which  we  are  attempting 
to  guard.  The  natural  state  of  merchant  vessels  is  the  peaceful 
and  unarmed  state  ;  and  although  permission  to  arm  might,  in  this 
instance,  free  them  from  some  of  the  evils  to  which  they  would  be 
exposed  without  such  authority,  yet  it  is  believed  that  few,  whose 
only  object  is  fair  commerce,  would  avail  themselves  of  the  legal 
privilege.  The  expense  and  inconvenience  of  arming  is  great,  and 
would  be  illy  borne  by  a  large  part  of  the  commerce  now  carried 
on,  in  that  quarter,  in  American  vessels.  The  danger  does  not 
seem  to  be  considered  so  urgent  as  to  compel  them  to  do  it.  Con- 
voy has  been  often  declined,  rather  than  submit  to  slight  delays,  or 
changes  in  the  course  of  the  vessel ;  and  it  is  understood,  that  in- 
surance is  unusually  low,  and  that  the  offices  add  little,  if  any  thing, 
on  account  of  this  risk.  It  may  be  effected  to  the  West  Indies,  at 
one  per  cent,  on  the  outward,  and  one  on  the  homeward  voyage  ; 
and,  in  some  instances,  at  one  and  a  half,  embracing  both,  which  is 
be.low  the  actual  expense  ot  arming. 


124 

It  has  been  sometimes  proposed  that  the  expense  should  be  met 
by  the  Government,  and  protection  afforded,  by  placing  on  board 
each  vessel  a  number  of  marines,  or  soldiers  ;  but  this  plan  will 
at  once  be  perceived  to  be  impracticable,  when  the  number  of  our 
merchant  vessels  is  considered,  with  the  different  routes  which  they 
pursue,  and  the  times  at  which  they  sail.  The  remedy  must  be 
extremely  partial,  or  the  expense  enormous.  The  whol -  marine 
corps  would,  probably,  not  equal  one-fifth  of  what  would  be  requir- 
ed for  a  sufficient  and  equal  distribution  among  all. 

It  has  also  been  proposed  to  furnish  convoy  at  stated  periods. — 
This  could  be  done  at  periods  of  fifteen  or  twenty  days,  from  some 
position  on  our  coast,  to  some  point  which  is  considered  beyond  the 
danger.  But  to  this  there  are,  also,  obvious  objections.  It  would 
employ  all  our  force  in  the  Atlantic,  and  prevent  attention  to  other 
objects  ;  an  evil  of  too  serious  a  magnitude  to  be  encountered.  It 
would  be  impossible  to  extend  the  convoy  throughout  the  whole 
cruise  ;  and  stopping  at  a  given  point,  the  pirates  would  immedi- 
ately transfer  and  renew  their  attacks  beyond  that  point,  where  the 
vessels  would,  in  that  case,  be  more  unprotected  than  they  now 
are.  It  would  also  destroy  competition  of  enterprize  among 
our  merchants,  and  confine  them  all  to  the  same  times  and  course 
of  navigation  ;  an  evil  which  they  well  know  how  to  estimate. — 
They  would  not  accept  your  protection  at  such  a  price. 

I  do  not,  then,  perceive,  in  any  of  the  suggestions  which  h;ive  been 
presented  to  my  mind,  so  cheap,  efficient,  and  certain  a  remedy  for  the 
evii,asthat  which  I  have  preferred  ;  and,  if  it  be  adopted,  we  shall, 
after  the  proposed  vessels  are  prepared,  be  enabled  to  dispose  of 
the  small  schooners  now  employed  in  the  West  Indies  and  Gulf  of 
Mexico  ;  a  force  which  has  been  found  exceedingly  expensive,  and 
injurious  to  the  discipline  and  efficiency  of  the  service. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

SAM'L  L.  SOUTHARD. 

D. 

Extracts  of  a  letter  to  the  Honourable  James  Lloyd,  Chairman  of  (he  Commit- 
tee on  Jfaval  Affairs,  of  the  Senate,  dated  29/7,  Dec.  1824. 
I  have  the  honour  to  state,  that  there  are  no  '  cases  of  piratical 
depredations,  or  other  information  on  the  subject,  in  the  possession 
of  the  Department,  which  are  not  referred  to  in  the  report  accom- 
panying the  President's  message  to  Congress." 

'  No  reports  of  cases  have  been  received,  except  those  made  by 
naval  officers,  of  such  as  h,ivecome,in  some  way.  under  their  own 
observation.  No  memorandum  has  been  kept  of  the  cases  detailed 
in  the  public  journals,  but  some  of  them  have,  occasionally,  been 
enclosed  to  the  commanding  officer  of  the  station,  to  afford  him  in- 
for  •  niion  in  the  discharge  of  his  duties." 

Phe  '  additional  menns'  alludei'  to.  as  proper  to  be  entrusted  to 
the  Executive,  if  an  efficient  co-operation  of  the  local  governments 


125 

•-ould  not  be  obtained,  were,  three  or  four  frigates  or  sloops  of  war, 
with  boats  for  pursuit  of  the  Pirates  ;  authority  to  pursue  them, 
wherever  they  might  attempt  to  escape,  and  authority  to  enforce  a 
rigorous  blockade,  if  other  efforts  should  prove  ineffectual." 

"  I  have  not  supposed  that  it  would  be  expedient  to  authorize,  by 
law,  our  merchant  vessels  to  arm.  Should  Congress  entertain  a 
different  opinion  on  this  point,  and  pass  a  law  on  the  subject,  it 
should  embrace  '  provisions  and  restrictions,'  similar  to  those  con- 
tained in  the  3d  and  4th  sections  of  the  '  Act  to  authorize  the  de- 
fence of  the  merchant  vessels  of  the  United  States  against  French 
depredations,  passed  25th  June,  179U." 


Report  of  the  committee  on  Foreign  Relations   of  the  Senate,  on   so  much  of 

the  President's  Message  as  t elates  to  Piracy.  January  10,  1825. 
"  The  Committee  on  Foreign  Relations  submit  a  Report  on  so 
much  of  the  President's  Message  as  relates  to  Piracies  : 
«  That  our  commerce,  for  years,  has  been  harrassed,  and  the  lives 
of  our  citizens  destroyed,  by  pirates  issuing  from  the  colonies  of 
Spain,  in  the  West  Indies,  is  a  fact  derived  not  only  from  the  mes- 
sage of  the  President,  but  is  of  universal  notoriety.     These  outra- 
ges have  been  so  long  and  so  often  repeated,  and  marked  with  such 
atrocious  circumstances,  that  a  detail  of  the  particular  cases  would 
be  as  impracticable  as  unnecessary.     Our  government,  with  a  view 
to  protect  our  citizens,  has  resorted  to  the  means  within  their  pow- 
er, by  stationing  a  naval  force  near  the  places  where  the  pirates  re- 
sort— a  measure  also  pursued  by  other  powers.     Every  effort,  here- 
tofore, has  been  unavailing,  to  put  an  end  to  these  atrocities.     These 
desperadoes,  acquiring  confidence  from  impunity,  becoming  more 
ferocious  from  habit,  and  multiplying  by  recruits  from  the    most 
abandoned  of  other  nations,  threaten  the  most  disastrous  mischiefs, 
justly  alarming  to  that  highly  valuable  and  most  respectable  portion 
of  our  fellow  citizens  whose  pursuits  are  on  the  high  seas.     It  is 
manifest,  as  well  from  facts  derived  from  other  sources,  as  from  the 
message  of  the  President,  that  a  continuance  of  this  evil  is  ascribable 
to  the  asylum  afforded  the  banditti  in  the  colonies  of  Spain.     The 
government  of  the  United  States,  cherishing  the  most  amicable  dis- 
position towards  Spain,  has  presented  the  subject  with  great  earnest- 
ness to  the  Spanish  government,  demanding  reparation  for  the  past 
and  security  for  the  future.     To  these  reiterated  remonstrances, 
no  answer  was  returned  till  very  recently,  and  to  this  day,  all  that 
has  been  obtained  is  a  promise  of  a  satisfactory  answer  to  the  appli- 
cations of  the  government  of  the  United  States  :  although  Spain  ha? 
been  solemnly  warned,  that,  if  she  did  not  promptly  acquit  herself  of 
her  obligations  to  us  on  this  subject,  our  government  would  be  con- 
strained, from  the  nature  of  the  outrages,  to  become  its  own  aven- 
ger, and,  availing  itself  of  its  own  resources,  protect  the  commerce 
and   lives   of  the    American  citizens  from    destruction.       In   the 
same  spirit  of  conciliation,  an  appeal  has  been  made  to  the  local  au- 
thorities, accompanied  with  a  request,  that  if,  from  weakness,  they 


126 

were  unable  to  exterminate  the  hordes  of  banditti  who  took  shelter 
from  pursuit  within  their  territories,  that  permission  might  be  givem 
to  our  forces  to  pursue  them  on  land 

This  has  been  denied,  on  the  vain  punctilio  of  national  dignity. 
The  posture  in  which  Spain  now  stands,  is  that  of  connivance  in 
these  injuries,  or  incapacity  to  prevent  them.  "  A  sovereign  who 
refuses  to  cause  reparation  to  be  made  of  the  damage  caused  by  his 
subject,  or  to  punish  the  guilty,  or,  in  short,  to  deliver  him  up.  ren- 
ders himself  an  accomplice  in  the  injury,  and  becomes  responsible 
for  it."  If  the  committee  were  of  opinion  that  the  refusal,  on  the 
part  of  Spain,  was  wilful,  and  not  the  result  of  inability,  they  would, 
with  a  full  view  of  all  the  consequences  which  the  measure  involves, 
at  once  recommend  an  appeal  to  the  last  rest>rt  of  nations  against 
Spain,  and  all  her  dependencies.  But,  believing,  as  they  do,  that 
courtesy  requires  that  her  refusal  to  do  us  justice  should  be  placed 
on  the  ground  of  inability — an  inability  resulting  from  causes  which 
the  committee  intentionally  forbear  to  enumerate,  they  content 
themselves  with  recommending  only  such  measures  as  are  believed 
to  be  indispensable  effectually  to  reach  the  mischief.  And  hence 
they  beg  leave  to  present  a  bill  with  suitable  provisions  for  the  end 
designed." 

Report  from  the  Navy  Deparlmtnt. 

NAVY  DEPARTMENT,  January  12th,  1825. 

The  Secretary  of  the  Navy  has  the  honour  to  present  the  follow- 
ing report,  in  answer  to  two  resolutions  of  the  Senate  of  the  United 
States,  on  the  subject  of  piracies  ;  one  of  which  was  passed  on  the 
21st  of  December,  1824,  and  the  other  on  the  23d  of  the  same 
month. 

Immediately  after  the  passage  of  the  law  of  the  20th  of  Decem- 
ber, 1822,  "  authorizing  an  additional  naval  force  for  the  suppres- 
sion oi  piracy,"  the  vessels  contemplated  in  that  act  were  purchas- 
ed and  prepared  for  sea,  and,  with  others  placed  under  the  com- 
mand of  Captain  David  Porter.  They  consisted  of  the  sloops  John 
Adams  and  Hornet,  the  brig  Spark  ;  the  schooners  porpoise,  Gram- 
pus, Alligator,  and  Shark  ;  the  Sea  Gull,  and  eight  stnall  schooners  ; 
five  barges,  and  one  transport  ship  ;  in  all,  seventeen  vessels,  of 
different  sizes,  besides  the  barges. 

On  the  14th  day  of  February,  1823,  Captain  Porter  sailed  from 
the  United  States,  under  orders  dated  the  1st  of  February,  1823,  a 
copy  of  which  is  annexed  to  this  report,  and  marked  A. 

The  manner  in  which  Captain  Porter  has  performed  the  duty  as- 
signed him,  and  the  "  information  "  received  from  him,  will  be 
seen  by  the  reports  from  this  Department  to  the  President  of  the 
United  States,  and  communicated  by  him,  with  his  message,  at  the 
commencement  of  the  last  and  present  session  of  Congress  ;  and  by 
paper  marked  B,  which  was  unintentionally  omitted  in  the  report 
from  this  Department  on  the  first  of  December  last- 


127 

All  the  vessels  above  enumerated  except  four,  have  been  uni- 
formly employed  in  the  object,  so  far  as  their  size  and  the  necessity 
of  occasional  returns  into  port  for  stores  and  repairs  would  permit. 
Of  the  four  vessels  above  alluded  to,  the  Alligator  and  Wild  Cat 
have  been  lost,  and  the  Grey  Hound  and  Jackall  were  sold,  "  be- 
ing so  much  out  of  repair  that  it  was  not  for  the  interest  of  tbe  Uni- 
ted Stales  to  repair  the  same.  " 

There  are  now  employed  in  the  West  Indies  and  Gulf  of  Mexico, 
thirteen  vessels  and  five  barges ;  and  the  frigate  Constellation  will 
join  the  squadron  in  a  few  days,  her  crew  being  nearly  completed. 
The  disposition  of  the  force  has  been  left  principally  to  the  com- 
manding officer,  who,  being  in  the  region  where  its  services  were 
required,  was  best  able  to  judge  of  the  positions  in  \vhich  the  ves- 
sels should  be  placed,  and  the  particular  duties  each  should  perform. 

The  papers  herewith  transmitted,  marked  C  and  D,  having  been 
written  in  answer  to  letters  from  the  Chairman  of  the  Committees 
on  Naval  Affairs  of  the  Senate  and  House  of  Representatives  of  the 
United  States,  it  appears  to  be  proper  to  communicate  them  as  part 
of  the  report  from  this  Department. 

SAM.  L.  SOUTHARD. 
To  the  PRESIDENT  of  the.  United  Stalet. 

Message,  to  the  Senate  of  the  United  Slates  : 

In  compliance  with  two  resolutions  of  the  Senate,  the  first  of  the 
21st  and  the  second  of  the  23d  December  last,  requesting  informa- 
tion respecting  the  injuries  which  hare  been  sustained  by  our  citi- 
zens by  piratical  depredations,  and  other  details  connected  there- 
with ;  and  requesting,  also,  information  of  the  measures  which  have 
been  adopted  for  the  suppression  ot  piracy  ;  and  whether,  in  the 
opinion  of  the  Executive,  it  will  not  be  necessary  to  adopt  other 
means  for  the  accomplishment  of  the  object ;  and,  in  that  event, 
what  other  means  it  will  be  most  advisable  to  recur  to  ;  I  herewith 
transmit  a  report  from  the  Secretary  of  State,  and  likewise  a  report 
from  the  Secretary  of  the  Navy,  with  the  documents  referred  to  in 
each. 

On  the  very  important  question  submitted  to  the  Executive,  as  to 
the  necessity  of  recurring  to  other  more  effectual  means  for  the  sup- 
pression of  a  practice  so  destructive  of  the  lives  and  property  of 
our  citizens,  I  have  to  observe,  that  three  expedients  occur  :  one 
by  the  pursuit  of^^ offenders  to  the  settled  as  well  as  the  unset- 
tled parts  of  the'liKmcl  from  whence  they  issue  ;  another,  by  repri- 
sal on  the  property  of  the  inhabitants  ;  and  a  third,  by  tbe  blockade 
of  the  ports  of  those  islands.  It  will  be  obvious,  that  neither  of 
these  measures  can  be  resorted  to,  in  a  spirit  of  amity  with  Spain, 
otherwise  than  in  a  firm  belief,  that  neither  the  Government  of 
Spain,  nor  the  Government  of  either  of  the  islands,  has  the  power 
to  suppress  that  atrocious  practice,  and  that  the  United  States  inter- 
pose their  aid  for  the  accomplishment  of  an  object  which  is  of  equal 
importance  to  them  as  well  as  to  us,  Acting  on  this  principle,  the 


128 

facts  which  justify  the  proceeding  being  universally  known  and  felt 
by  all  engaged  in  commerce  in  that  sea,  it  may  fairly  be  presumed, 
that  neither  will  the  Government  of  Spain,  nor  the  Government  of 
either  of  (hose  islands,  complain  of  a  resort  to  either  of  those  mea- 
sures, or  to  all  of  them,  should  such  resort  he  necessary.  It  is 
therefore  suggested,  that  a  power,  commensurate  with  either  re- 
source, be  granted  to  the  Executive,  to  be  exercised  according  to 
his  discretion,  and  as  circumstances  may  imperiously  require.  It  is 
hoped  that  the  manifestation  of  a  policy  so  decisive  will  produce 
the  happiest  result — that  it  will  rid  these  seas  and  this  hemisphere 
of  this  practice.  This  hope  is  strengthened  by  the  belief,  that  the 
Government  of  Spain,  and  the  Governments  of  the  islands,  particu- 
larly of  Cuba,  whose  Chief  .is  known  here,  will  faithfully  co-operate 
in  such  measures  as  may  be  necessary  for  the  acco  ;  plishment  of 
this  v*y  important  object.  To  secure  such  co-operation  will  be 
the  earnest  desire,  and,  of  course,  the  zealous  and  persevering  ef- 
fort, of  the  Executive.  JAMES  MONROE. 
Washington,  13th  January,  1825. 


Report  of  the  Committee  on  Naral  Affairs  of  the  House  of  Representatives,  on 
a  Resolution  of  the  House  of  Representatives  of  9tk  December,  instructing 
them  to  inquire  into  the  expediency  of  providing  an  additional  Natal  Fore*, 
and  other  means  for  (he  suppression  of  Piracy.  January  25//»,  1825. 

That  they  have  had  the  subjects  proposed  in  the  said  resolution 
under  their  consideration,  and  have  made  diligent  inquiry  into  the 
operations  of  our  naval  force,  which,  for  the  last  two  years,  has 
been  employed  in  the  Gulf  of  Mexico,  for  the  protection  of  our 
commerce,  and  the  suppression  of  piracy.  In  this  investigation 
they  feel  a  satisfaction  in  stating,  that  the  means  employed  have  dis- 
played the  vigilance  of  the  government,  and  the  activity,  zeal,  and 
devotion  of  the  officers  and  seamen  who  have  been  assigned  to  that 
perilous  service  ;  perilous,  not  from  the  number?  or  courage  of  the 
enemy,  but  from  the  deleterious  effects  of  a  tropical  climate  upon 
natives  of  a  more  temperate  region.  The  vessels  procured  for  this 
service  were  better  adapted  to  a  short  expedition,  than  to  long  and 
tedious  cruises.  They  were  too  small  to  afford  the  room  necessa- 
ry to  preserve  the  discipline  and  the  health  of  the  officers  and  sea- 
men assigned  to  them  ;  yet,  they  enabled  the  commander  to  scour 
the  coast,  to  penetrate  into  the  shoal  waters  of  the  creeks  and  in- 
lets, to  the  very  margin  of  the  land  ;  and,  in  effect,  the  pirates 
have  literally  been  driven  from  the  ocean,  and  confined  to  their 
fastnesses  and  haunts  upon  the  land.  Accordingly,  their  principal 
depredations,  for  the  last  twelve  or  fifteen  months,  have  been  con- 
fined to  occasional  sallies  in  boats  and  small  craft,  within  one  or  two 
leagues  of  the  shore.  While  these  depredations,  however,  have 
been  more  limited  in  extent  and  number,  they  have  more  frequent- 
ly been  attended  with  the  most  desperate  and  sanguinary  destruc- 
tion of  the  lives  of  the  unfortunate  victims. 

It  becomes  necessary  for  the  government  to  adapt  the  force  to  the 


129 

existing  character  of  the  evil  ;  and  the  committee  are  of  opinion 
that  III*1,  best  -pecif'S  of  force  which  can  be  employed  in  future, 
while  the  piracies  are  confined  to  small  craft,  are  the  boats  and 
launches;  which  are  attached  to  larger  vessels.  Sloops  of  war  of 
the  largest  cl.i^s  may  be  well  provided  with  launches  and  boats,  of 
whirh  si'veral  might  be  constantly  employed  in  ferretting  out  these 
marauders,  and  bringing  them  to  condign  punishment. 

But  the  Committee  are  of  opinion,  that,  though  the  addition  of 
three  or  four  sloops  to  our  West-India  squadron,  might,  by  con- 
stant vigilance,  afford  great  additional  security  to  our  commerce  and 
those  engaged  in  it,  yet  they  have  reflected  that  these  plunderers 
easily  transfer  themselves  from  one  island  to  another  ;  and  when 
effectually  hunted  from  one  of  their  haunts,  they  are  speedily 
found  in  parts  where  the  unarmed  trader,  having  no  protection  or 
means  of  defence,  becomes  an  easy  prey.  They  have,  also,  recur- 
red to  several  instances,  where  a  resolute  resistance  by  a  small 
crew  of  intrepid  seamen  has  repelled  the  assailants,  even  when  the 
disparity  of  force  might  have  been  expected  to  produce  a  different 
issue.  From  which  it  is  manifest,  that  those  wretches,  who  assume 
the  vocation  of  pirates,  are  as  dastardly  as  they  are  cruel,  and  may 
be  generally  repelled  by  a  well  armed  crew,  though  not  much  ex- 
ceeding the  usual  complement  of  the  vessel. 

The  opinion  has  been  expressed  in  some  of  the  memorials  of 
our  principal  cities,  that  the  permission  to  the  merchants  to  prepare 
a  suitable  armament  for  their  defence,  would  be  embraced  at  least 
to  a  sufficient  extent  to  deter,  in  many  instances,  the  attacks  of 
boats  from  the  shore,  or  to  repel  the  foe  in  case  he  should  attempt 
to  carry  by  boarding.  The  committee  believe,,  that,  if  a  consider- 
able number  of  trading  vessels  should  provide  themselves  for  re- 
sistance, and  a  few  instances  of  successful  resistance  should  be  the 
consequence,  the  effect  would  be  highly  salutary,  and  would  great- 
ly discourage  these  banditti,  by  rendering  their  vocation  dangerous 
and  fruitless.  They  are  aware  that  the  commerce  of  the  West-In- 
dies is  attended  with  too  small  profit  to  warrant  any  considerable 
increase  of  expense  to  the  merchants  and  owners  of  vessels  :  and, 
as  the  protection  of  trade  is  the  duty  of  the  government,  as  well  as 
required  for  the  prosperity  of  our  revenue,  and  general  resources, 
they  therefore  deem  it  sound  policy  to  rely  upon  this  measure 
merely  as  auxiliary  to  the  most  energetic  efforts  ;  and  to  the  ample 
means  placed  at  the  disposal  of  the  executive. 

The  committee  have  not  overlooked  the  notorious  fact,  that  the 
local  authorities  of  the  West-India  islands,  particularly  those  of 
Cuba  and  Porto  Rico,  have  afforded  shelter  and  protection  to  the 
pirates,  and  have  given  a  character  of  boldness  to  their  enterprises, 
which  it  may  be  impossible  wholly  to  repress  without  resorting  to 
measures  which  may  induce  those  authorities  to  unite  their  means 
in  earnest  in  the  extirpation  of  those  foes  of  the  human  race. — 
V*  hatever  may  be  the  personal  feelings  of  some  of  the  local  gov^ 
ernors,  they  may,  perhaps,  find  it  difficult  to  restrain  the  cupidity 
17 


130 

by  which  a  great  portion  of  the  community  are  so  completely  de- 
moralized. In  the  Island  of  Porto  Rico,  a  species  of  legalized 
plunder  has  been  for  several  years  tolerated,  if  not  encouraged,  by 
the  chiefs  of  the  islnnd,  which,  if  not  so  sanguinary  as  in  other 
cases,  has,  in  other  respect?,  differed  but  little  from  ordinary  pira- 
cy. It  belongs  rather  to  the  duty  of  another  committee  to  devise 
means  suitable  to  meet  an  exigency  so  singular,  and,  at  the  same 
time,  demanding  the  most  prompt  and  vigorous  measures. 

While  the  utmost  circumspection  should  be  employed  in  main- 
taining the  rights  and  dignity  of  our  country,  not  to  violate  those 
of  other  nations,  it  cannot  be  denied,  that  a  scrupulous  adherence 
to  the  letter  of  national  law,  in  regard  to  the  territories  under  the 
nominal  jurisdiction  of  a  nation  remote  from  the  scene  of  action, 
distracted  and  feeble  at  home,  and  scarcely  felt  or  feared  in  her  re- 
mote islands  and  colonies,  must  amount  to  an  indefinite  denial  of  re- 
dress to  our  own  citizens  ;  must  embolden  injustice  and  violence, 
and  impede  or  frustrate  the  most  vigorous  efforts  of  our  naval 
force  in  the  protection  of  our  commerce  against  such  an  unhallow- 
ed combination  of  local  jurisdiction  and  desperate  outlaws. 

The  committee  forbear  to  indicate  the  course  which  alone  re- 
mains to  remedy  these  outrages  upon  our  rights  and  our  dignity, 
not  doubting  that,  from  another  source,  we  may  soon  see  submitted, 
a  plan  which  comports  with  our  justice  and  moderation,  as  well  as 
with  our  interest  and  security. 

They  respectfully  submit  a  bill,  in  conformity  with  these  views, 
for  the  consideration  of  the  House. 


Report  of  the  Committee  of  Foreign  Relations  of  the  House  nf  Representativef, 
on  Piracy  and  Outraget  on  American  Commerce  by  Spanish  Privateer*  :  Jan- 
uary 3 1st,  1825. 

The  Committee  of  Foreign  Relations,  to  whom  was  referred  so 
much  of  the  President's  Message  to  Congress  at  the  opening  of  the 
present  session,  as  relates  to  piracy  and  the  outrages  committed  upon 
our  commerce  by  vessels  bearing  Spanish  commissions,  and  the  me- 
morials from  different  quarters  of  the  Union  on  the  same  subjects, 
availing  themselves  ofthe  documents  accompanying  the  President's 
Message  to  the  Senate,  of  the  13th  of  January,  which  have  been 
printed  by  order  of  that  body,  present  to  the  House  the  result  of 
their  deliberations  upon  the  subject  submitted  to  them  : 

From  the  commencement  ofthe  Revolution,  which  has  termina- 
ted in  the  separation  of  Spanish  Continental  America  from  Old 
Spain,  the  commerce  of  the  United  States  in  common  with  that  of 
all  othe^nations,  has  suffered  frequent  outrages  from  the  vessels 
of  the  adverse  parties,  duly  commissioned,  with  doubtful  commis- 
sions, and  from  pirates  who  sought  to  conceal  their  true  character 
by  the  use  ofthe  flag  of  some  one  ofthe  belligerants.  Constant  ef- 
forts have  been  made  by  this  Government  to  rediess  injuries  suf- 
fered, and  to  prevent  future  outrage.  Congress  have,  at  all  times, 
been  prepared  to  give,  and  have  afforded,  all  the  means  necessary 
for  these  purpose*  within  their  province. 


131 

The  act  of  the  third  of  March,  1819,  was  passed  specialty  to  pro- 
tect the  commerce  of  the  United  States,  and  punish  the  crime  of 
piracy.  It  gave  to  the  President  power,  (a  power,  however,  which 
the  President  possesses  without  an  act  of  Congress,)  to  employ  the 
public  armeJ  vessels  of  the  United  States  to  protect  our  merchant 
vessels  and  their  crews  from  piratical  aggression  and  depredation,  to 
authorize  the  detention,  capture,  and  trial,  of  any  armed  vessels 
which  attempted  any  piratical  depredation,  search,  seizure,  or  re- 
straint of  an  American  vessel.  It  authorized  our  merchant  vessels 
lo  capture  armed  ships  not  commissioned  by  a  friendly  pow- 
er, and  to  recapture  vessels  taken  by  them,  and  it  directed  the  con- 
demnation of  the  vessels  so  captured  or  re-captured;  it  provided 
for  the  punishment  of  the  pirates,  when  convicted  by  the  compe- 
tent tribunals.  This  act  was  limited  to  one  )ear,  but  wa«>  continu- 
ed in  force  by  the  act  of  May  15,  1820,  for  two  years,  and  the  first 
four  sections  made  perpetual  by  the  act  of  the  30th  January,  1823. 

The  re-establishment  of  the  Constitutional  Government  in  Old 
Spain,  in  March,  1320,  inspired  the  strongest  hope  that  the  con- 
test between  Spain  and  Spanish  Continental  America  would  be 
soon  amicably  terminated,  in  a  manner  sati-factory  to  the  parties  at 
war,  to  the  commercial  arid  civilized  world,  and  to  all  the  lovers 
of  humanity,  justice,  and  liberty.  The  first  movements  of  the  re- 
generated government  promised  a  speedy  realization  of  this  hope. 

The  Cortes  of  Spain  directed  negotiations  to  be  opened  with 
Spanish  America  ;  commissioners  were  appointed  ;  but  the  con- 
tending parties  did  not  take  the  same  view  of  the  great  questions 
between  them.  Old  Spain  would  not  admit  the  recognition  of  the 
independence  of  the  Spanish  American  Governments,  as  the  basis 
of  negotiation  ;  and  the  Spanish  American  Governments  would  nut 
negotiate  without  that  preliminary  recognition.  While  these  abor- 
tive attempts  at  negotiation  were  made,  there  was  a  temporary  cessa- 
tion of  hostilities  in  Venezuela.  The  war,  however,  was  renewed 
in  Venezuela  before  the  negotiations  were  broken  off.  Fortune  fa- 
voured the  Americans  ;  and  the  European  Spaniards  were  driven 
from  the  continent.  During  this  desperate  contest,  General  Mo- 
rales, the  commander  of  the  Spanish  forces,  issued  his  extraordina- 
ry proclamation,  declaring  a  coast  of  twelve  hundred  miles  in  a 
state  of  blockade,  and  interdicting  all  foreign  commerce  with  the 
Spanish  Main,  as  inconsistent  with  the  colonial  law  of  Old  Spain. 
This  proclamation  has  been  the  fruitful  source  of  most  of  the  evils 
since  suffered  by  all  commercial  nations  in  the  West  Indies,  and  in 
the  Gulf  of  Mexico.  Numerous  pirates,  and  swarms  of  privateer- 
men,  (subsequently  degenerated  into  pirates,)  have  preyed  upon 
all  neutral  commerce.  Protection  to  that  of  the  United  States 
should  have  been,  if  it  has  not  been,  afforded,  against  piratm,  by 
the  use  of  all  the  necessary  means  under  the  control  of  the  Execu- 
tive— by  a  vigorous  exertion  of  the  naval  power  ;  by  incessant 
watchfulness  on  the  seas,  and  on  the  coasts  infested  by  them  ;  ri- 
gorous examination  of  all  suspected  vessels,  of  every  size  ;  ardent 


132 

pursuit  of  the  persons  found  flagrante  deliclo,  wherever  they 
souiiht  ref ige  ;  careful  prosecution,  before  the  competent  tribu- 
nals', of  all  the  accused  who  were  taken  ;  unrelenting  severity  in 
inflicting  punishment,  where  guilt  was  judicially  established — against 
privateersmen,  by  appeals  to  the  government  of  Spain,  requiring, 
immediately,  redress  for  the  past,  and  security  for  the  future  :  if 
made  in  vain,  application  should  have  been  made  to  Congress,  to 
authorize  reprisals,  or  to  declare  war,  as  the  extent  of  the  injury, 
and  a  due  regard  to  the  condition  of  the  Spanish  government  should 
have  required.  A  further  reference,  however,  to  the  past,  would 
not  be  useful.  For  the  present,  and  for  the  future,  ifiegislative 
provisions  are  necessary,  they  should  be  made. 

Piracy  at  present  exists  in  the  same  form  as  in  the  year  1822, 
when  a  species  of  naval  force,  supposed  to  be  particularly  adapted 
to  suppress  it,  was  placed  at  the  disposal  of  the  Executive.  This 
force  was  believed  to  have  answered  the  expectations  entertained 
of  it,  as  the  President,  at  the  opening  of  the  last  session  of  Con- 
gress, announced  that  "  it  had  been  en.inently  successful  in  the  ac- 
complishment of  its  objects."  If  further  experience  has  shown 
that  this  species  of  force  is  inadequate  to  the  accomplishment  of  the 
object,  and  that  another  may  be  advantageously  substituted,  there 
can  be  no  doubt  of  the  propriety  of  the  substitution.  This  is  a 
point,  however,  that  the  Committee  do  not  consider  it  their  duty 
to  examine  ;  it  belongs  properly  to  another  committee,  the  result 
of  whose  deliberations  upon  it  has  been  already  presented  to  the 
House.  The  merchants  of  the  United  States,  who  have,  with  the 
exception  of  our  seamen,  the  deepest  interest  in  this  subject,  sug- 
gest the  propriety  of  suffering  the  owners  of  vessels  to  arm  for  their 
own  defence.  There  is  no  law  forbidding  such  defensive  arma- 
ment, nor  is  any  law  required  to  justify  it.  It  is,  however,  assort- 
ed, i hat  the  restraints  upon  the  armament  of  merchant  vessels  are 
inconvenient  and  oppressive,  and  that  they  ought  to  be  removed. 
The  only  provision  on  this  subject  is,  that  which  requires  bond 
and  security  to  be  given  to  prevent  an  unlawful  use  of  the  armed 
vessel  ;  a  provision  which  should  not  be  changed—  an  adherence 
to  which  the  best  interest  of  convnerce  requires. 

The  propriety  of  authorizing,  by  law,  the  pursuit  of  the  Pirates 
on  land,  has  also  been  a  subject  of  consideration.  The  committee 
do  not  deem  an  act  of  Congress  for  this  purpose  necessary.  The 
rule  of  international  law  is,  that  fugitives  from  the  justice  of  one 
nation  are  to  be  considered  in  another  as  strangers  entitled  to  pro- 
tection, and  having  aright  of  residence — on  the  common  principle, 
that  no  nation  has  a  right  to  punish  a  person  who  has  not  offend. -d 
itself  nor  is  it  bound  to  assist  its  neighbour  in  the  execution  of  its 
en  <>inul  laws.  Pirates  are  criminals  against  all  nations,  punishable 
in  every  tribunal :  the  common  enemies  of  mankind  ;  the  duty  o!  all 
nations,  a'.d  «very  man  is,  to  hunt  them  down,  that  they  may  be  de- 
livered up  «o  offended  justice.  Fresh  pursuit  of  enemies  into  the 
^territory  of  a  common  friend,  is  not  universally  admitted  to  be  a 


133 

right  of  \var.  Powerful  nations  never  permit  feeble  neighbours  to 
enter  their  territory  for  this  purpose  ;  but  enter  without  scruple  in 
pursuit  of  their  enemies,  the  territory  of  such  neighbours,  i^ess  re- 
strained by  the  apprehension  that  the  mutual  friend  seekVOTair  oc- 
casion to  become  an  ally  against  them  in  the  war.  Practically,  the 
question  is  one  not  of  right,  but  of  relative  power.  The  pursuit  of  a 
mutual  enemy  into  the  territory  of  a  friendly  or  allied  power,  is  a 
right  of  war  :  it  cannot  be  deemed  a  violation  of  the  sovereignty  of 
that  power  ;  it  confers  a  favour,  and  imposes  upon  him  an  obligation 
of  gratitude. 

The  common  enemy  cannot  avail  himself  of  the  prose-r.tion  of  the 
territory  of  the  third  power,  but  by  surrendering  himself  as  prisoner 
of  war  ;  and,  in  that  event,  if  the  force  of  the  pursuer  was  the  cause 
of  the  surrender,  the  pursuer  might  rightfully  claim  the  benefit  of 
the  surrender.  Under  this  rule,  the  pursuit  and  capture  of  pirates 
any  where,  and  every  where,  may  be  justified.  The  Executive 
has  acted  upon  it.  Instructions  have  been  given  to  our  naval  com- 
manders to  pursue,  and  capture,  on  Spanish  territory,  pirates  who 
seek  refuge  or  concealment  there.  The  government  of  Spain  has 
been  duly  warned  of  the  existence  of  these  orders  ;  it  knows  that 
they  will  be  obeyed.  No  remonstrance  has  been  made  by  it ;  no 
objections  have,  as  far  as  the  committee  have  been  informed,  been 
urged.  The  acquiescence  ol  Spain  is  all  that  should  be  desired. 
A  distinction  is  supposed  to  exist  between  pursuit  of  pirates  on 
lands  uninhabited,  and  on  those  inhabited  ;  and  it  is  imagined  that 
the  authority  of  Congress  is  necessary  to  justify  pursuit  in  the  latter 
case,  while,  in  the  former,  the  power  of  the  Executive  alone  is 
sufficient.  The  committee  do  not  admit  the  correctness  of  this 
distinction.  Fresh  pursuit  is  justifiable  in  either  case,  if  necessary 
to  the  capture  of  the  pirate.  There  is  greater  danger  of  collision 
with  the  friendly  power,  when  the  object  of  pui>uit  Hies  into  a  set- 
tled country,  and  greater  care  is  requisite  to  avoid  giving  offence  ; 
but  (he  same  principles  apply  to  either  case,  and  it  is  just  .is  neces- 
sary that  Congress  should  legislate  to  justify  the  capture  of  pirates, 
as  to  authorize  the  pursuit  of  them  inlo  any  place  of  refuge  inhabit- 
ed or  unsettled. 

From  an  attentive  examination  of  the  letters  of  the  agent  who 
was  sent  to  Cuba  to  obtain  information,  relative  lo  the  pirates  xvho 
have  long  infested  the  coast  of  that  island,  it  would  seem  that  no 
fresh  pursuit  on  land  will  eradicate  the  evil.  Authority  must  exist 
to  search  in  the  suspected  settlements  for  persons  believed  to  be 
guilty  of  piracy,  and  for  the  evi  lence  of  their  guilt,  and  to  bring 
them  before  our  tribunals  for  trial  and  punishment.  This  authori- 
ty Congress  cannot  give,  without  making  war  upon  apain.  It  cannot 
be  used  without  wresting  from  Spain  her  municipal  jurisdiction. 
The  evil  lies  too  deep  to  be  reached  by  any  ordinary  measures, 
which  foreign  powers  can  apply  to  it. 

The  government  of  Spain  must  give  to  the  local  authority  what 
it  is  said  to  want — sufficient  strength  to  prevent  and  to  punish  crimes: 


134 

it  must  perform  its  duties,  or  those  who  suffer  from  its  neglect  or 
weakness,  will  be  driven,  by  the  necessity  of  the  case,  to  apply  the 
corrective.  The  Committee  would  bring  more  distinctly  into  view 
the  onlyBL/kient  remedy,  and  recommend  a  resort  to  it,  if  they  be- 
lieved sufficient  time  had  elapsed  since  remonstrances  were  made 
by  our  government  to  Spain,  to  prove  incontestibly  that  she  wanted 
either  the  power  or  the  will  to  do  her  duty,  although  they  are  aware 
that  the  conduct  of  any  government,  in  applying  that  remedy,  with- 
out previous  concert  with  other  nations,  alike  interested  in  the  ques- 
tion, would  be  liable  to  misconception,  and  excite  well  founded  jea- 
lousies. The  Committee  cannot  doubt  that  the  Executive,  apply- 
ing all  proper  means  to  prevent,  to  detect,  and  to  punish,  the  crime 
of  piracy,  and  pressing  upon  Spain,  and  her  local  authorities,  that 
the  honour  and  the  interest  of  Spain  requires  their  best  exertions  for 
the  same  purpose,  will  not  fail  to  confer  with  the  great  commercial 
nations,  on  the  extraordinary  measures  to  be  used,  if  the  object  is 
not  speedily  accomplished  by  the  faithful  exertion  of  the  powers  of 
Spain. 

The  danger  to  which  our  commerce  is  exposed,  and  the  injuries 
it  has  suffered  from  privateers,  acting  under  regu'ar  or  irregular 
commissions,  are  of  a  different  character,  and  require  a  different 
remedy.  The  committee  understand  that  outrages  of  this  kind  have 
almost,  if  not  entirely  ceased  ;  for  those  which  have  been  inflicted, 
or  which  may  hereafter  be  inflicted,  Spain  is  directly  responsible. 
Reparation  must  be  had  ;  by  negotiation,  or  by  the  exercise  of  such 
powers  as  may,  for  that  purpose,  be  vested  in  the  Executive  by 
Congress. 

To  guard  against  future  injury,  the  safest  resource  is  to  enforce 
promptly  ample  redress  for  that  which  has  been  suffered.  The 
committee  have  already  referred  to  the  injuries  suffered  in  conse- 
quence of  the  proclamation  of  Morales.  Those  injuries  are  not 
yet  redressed.  The  government  of  Spain  has  not  attempted  to 
justify  a  Proclamation  declaring,  with  a  naval  force  insufficient  to 
shut  up  the  smallest  port  on  the  coast,  a  seacoast  of  twelve  hun- 
dred miles  in  a  state  of  blockade,  nor  the  absurd  pretension  that 
the  property  of  all  neutral  nations,  is,  under  the  colonial  law  of 
Spain,  liable  to  confiscation,  if  taken  on  its  way  to  Spanish  Ameri- 
ca ;  but  the  property  of  American  citizens  captured  by  privateers 
from  the  islands  of  Porto  Rico  and  Cuba,  and  from  Porto  Cabello, 
is  now  withheld  under  these  pretensions.  The  Spanish  Govern- 
ment having  formally  revoked  the  blockade,  give?  to  the  tribunals 
of  Spain  an  excuse  for  the  condemnation  of  all  property  seized 
prior  to  that  revocation  ;  an  excuse  of  which  they  do  not  hesitate 
to  avail  themselves.  Acting  under  instructions  from  the  President, 
of  the  28lh  April,  1823,  the  Minister  of  the  United  States  at  the 
Court  of  Spain  demanded  satisfaction  in  January  1824,  from  that 
Government,  for  the  outrages  committed  from  Porto  Cabello,  and  the 
islands  of  Porto  Rico  and  Cuba,  upon  the  commerce  of  the  United 
States,  and  for  the  wanton  murder  of  one  of  our  gallant  officers  in  the 


i35 

harbour  of  St.  John's,  by  the  officer  commanding  (he  foil  at  its  en- 
trance In  Septe  nbcr,  of  the  same  year,  Spain  was  again  called 
upon  to  indemnify  those  who  had  suffered  in  person  or  property 
under  the  proclamation  of  blockade,  or  from  the  interdiction  of 
neutral  commerce  to  the  Spanish  Main.  In  October,  the  just  re- 
clamations of  our  Government  were,  for  the  third  time,  formally 
made  to  the  Government  of  Spain.  No  satisfaction  has  been  given, 
no  indemnity  has  been  promised,  nor  has  there  been  even  a  satis- 
factory excuse  given  for  the  delay  to  answer  the  just  demands  of 
the  Minister  of  the  United  States. 

The  character  of  the  injury  sustained,  its  origin,  the  period 
elapsed  since  it  was  inflicted,  the  formal  and  fruitless  demand  for 
reparation  for  more  than  twelve  month?,  justify  reprisals.  Ao, 
anxious  desire  not  to  act  harshly  to  a  Government  embarrassed  by 
internal  difficulties,  and  enfeebled  by  recent  revolutions  ;  the  di=- 
tance  of  (he  seat  of  the  Spanish  Government,  from  the  places  in 
which  the  evils  complained  of  originated  ;  the  death  of  the  Minis- 
ter appointed  by  the  Spanish  Government,  on  the  eve  of  his  depar- 
ture to  this  country;  and  the  recent  selection  of  another  Minister, 
whose  appointment  and  intended  departure  for  the  United  States, 
has  been  communicated  in  an  official  letter,  a  translation  of  which 
is  herewith  presented  to  the  House  ;  induce  the  committee  not  to 
propose  any  legislative  enactment,  under  the  firm  conviction  that 
this  forbearance  will  give  fo  Spain  a  new  motive  to  make,  speedily, 
ample  reparation  for  the  injuries  sustained,  and  that,  if  it  does  not 
produce  this  desired  effect,  it  will  justify,  in  the  eyes  of  all  nations, 
any  and  every  step  Congress  may  hereafter  be  compelled  to  take. 

DEPARTMENT  OF  STATE,  Washington,  24/A  Jan.  1825. 
SIR  :  I  have  the  honour  of  enclosing,  herewith,  a  translation  of 
the  only  answer  yet  received  from  the  Spanish  Government,  to 
Mr.  Nelson's  notes  on  the  subject  of  piracy  and  outrages  on  our 
commerce.  It  has  been  received  since  the  Communications  to 
Congress  of  the  previous  documents  were  made. 

I  am,  with  great  respect,  sir.  your  very  hnmble  and  obedient 
ervant,  JOHN  QUINCY  ADAMS. 

JOHN  FORSYTH,  Esq.  Chairman  of  the  Committee  of  Foreien  Relations. 

a.  R.  u.  s 

[TRANSLATION.] 

Mr.  Zea  Bermudex  to  Mr.  A"e/son. 

SIR  :  From  the  middle  of  September  last,  when  I  took  possession 
of  the  appointment,  which  the  kindness  of  the  King,  my  august 
master,  deigned  to  entrust  me,  I  dedicated,  by  order  of  His  Majes- 
ty, my  attention  to  the  different  notes  presented  by  you,  relative 
to  the  claims  of  the  American  subject?,  who  thought  themselves  en- 
titled to  be  indemnified  by  Spain  for  the  losses  which  they  have 
suffered  in  the  seas  of  America.  A  business  so  complicated,  in 
which  considerable  interests  are  involved,  presented  so  much  more 


136 

difficulty,  by  how  much  there  were  intermingled  with  it  other  in- 
terests and  other  claims  of  Spanish  subjects  against  the  government 
and  subjects  of  the  United  States. 

His  Majesty,  desirous  of  preserving  the  friendship  and  good 
harmony  which  happily  subsists  between  both  nations,  and  that,  in 
faithful  observance  of  existing  treaties,  both  governments  should 
terminate,  in  a  friendly  manner,  this  delicate  question,  the  legiti- 
mate rights,  and  just  pretensions  of  both  being  mutually  concilia- 
ted, has  thought  that  the  most  proper  means  for  gaining  this  desired 
end,  is  to  send  immediately  a  Minister  Plenipotentiary,  to  reside 
near  the  American  Government,  who,  by  his  information,  prudence, 
and  practical  knowledge  of  the  relations  between  both  countries, 
may  be  at  the  same  time,  the  interpreter  and  the  executor  of  the 
just  intentions  of  the  King.  In  consequence,  His  Majesty  has  been 
pleased  to  appoint  Don  Jose  de  Heredia,  his  Envoy  Extraordinary 
ari'l  Minister  Plenipotentiary  in  the  United  States  of  America.  He 
will  set  out  for  his  new  destination  as  soon  as  possible. 

I  hasten  to  inform  you  of  this,  that  you  may  be  pleased  to  lay  it 
before  your  Government  ?  and  I  avail  myself  of  this  occasion,  to 
repeat  to  you  the  assurances  of  my  most  distinguished  considera- 
tion. God  preserve  you  many  years. 

Your  most  obedient  servant, 

FRANCISCO  DE  ZEA  BERMUDEZ. 

San  Lorenzo,  A'or.  19 th,  1824. 


Report  of  the  Secretary  of  the  Nary  accompanying  the  Presidents  Message  oj 
December  3rrf,    1822. 

NAVY  DEPARTMENT,  November  30th,  1822. 
Tfie  PRESIDENT  of  the  Udiltd  States  : 

SIR  :  In  compliance  with  your  request,  I  have  the  honour  to 
transmit  to  you,  herewith,  sundry  papers,  numbered  one  to  five,  in- 
cisively, which  contain  the  information  desired. 

No.  1.  List  of  Piratical  vessels,  &c.  captured  by  vessels  of  the 
Navy  of  the  United  States. 

No.  2.  List  of  vessels  of  the  Navy  of  the  United  States,  in  ac- 
tual service. 

No.  3.  List  of  vessels  of  the  navy  of  the  United  States,  in  ordi- 
nary. 

No.  4.  List  of  vessels  built  and  building,  under  the  act  for  the 
"  Gradual  increase  of  the  Navy  ;"  and,  also,  a  general  view  of  im- 
provements at  the  several  Building  Yards. 

No  5.  Copies  of  Correspondence  between  the  commanders  of 
our  cruizing  ve-ds,  and  the  Spanish  Authorities. 

All  of  which  is  respectfully  submitted.     SMITH  THOMPSON. 


No.   1. 
Statement  of  captures  of  Piratical  vessels  and  boats  made  by   vessels   of  Ike 

Initcd  Stales  A'ary  in  tin-   II  cst  Indies. 

Four  Piratical  schooners,  of  about  forty  tons  each,  and  one.  sloop, 
of  twenty-five    tons,   in   all   -carrying    about  one   hundred    mew. 


137 

captured  by  Lieut.  Com't  L.  Kearney,  in  the  United  States  brig 
Enterprize,  at  Cape  Antonio,  Island  of  Cuba,  Oct.  16th,  1821,  in 
the  act  of  robbing  the  American  ship  Lucies,  American  brig  Aris- 
tides,  and  English  brig  Larch  ;  burnt  two  of  the  piratical  schooners; 
the  other  two,  and  the  sloop,  were  sent  into  Charleston,  S.  C.  and 
condemned. 

Schooner  Moscow,  captured  by  Capt.  Robert  Henley,  in  the 
sloop  of  war  Hornet,  Oct.  29th,  1821,  sent  into  Norfolk. 

A  boat  laden  with  goods,  captured  by  Lt.  Commandant  Ramage, 
off  Cape  Antonio,  Nov.  8th,  1821  ;  took  out  the  goods,  and  de- 
stroyed the  boat ;  crew  escaped. 

A  schooner  of  about  35  tons,  captured  by  Lieut.  Commandant 
Kearney,  21st  Dec.  1821  ;  crew,  about  25,  escaped. 

Six  piratical  vessels  captured  by  Lieut.  Commandant  Ramage, 
January  7th,  182:2  ;  burnt  five  of  them,  and  manned  one,  took  three 
prisoners,  and  destroyed  their  depot,  &c.  on  the  coast  of  Cuba. 

A  large  barge  taken  by  gun  vessel  Revenge,  7th  March,  1822; 
she  was  deserted  by  her  crew,  and  evidently  fitted  for  piratical 
purposes. 

Three  piratical  launches  and  four  barges,  captured  by  Lieut. 
Commandant  Kearney,  in  the  United  States  brig  Enterprize,  at 
Cape  Antonio,  on  the  8th  March,  1822,  destroyed. 

Two  piratical  schooners  captured  by  Lieuts  Commandants  Perry 
and  Gregory,  in  June  1822,  three  pirates  prisoners. 

Spanish  privateer  Palmira,  alias  Panchita,  captured  by  Lieut. 
Commandant  Gregory,  August  16th,  1822,  sent  into  Charleston  S. 
Carolina. 

Five  piratical  vessels  captured  by  Captain  S.  Cassin,  command- 
ing United  States  ship  Peacock,  on  the  28ih  and  30th  September, 
1822  ;  burnt  two  ;  found  eighty-nine  bags  coffee  concealed  in  the 
woods  by  the  pirates  :  two  of  the  vessels  sent  to  New  Orleans. 

A  Dutch  sloop  was  re-captured  from  pirates  by  Captain  John 
H.  Elton,  commanding  United  States  brig  Spark,  January,  1822, 
and  the  prize  crew,  seven  men,  were  sent  into  Charleston,  S.  C. 

Portuguese  ship  Mariana  Faliero,  captured  by  Lieut.  Command- 
ant R.  F.  Stockton,  in  the  United  States  schooner  Alligator,  sent 
into  Boston. 


No.  2. 
List  of  vessels  of  the  United  States  Navy,  now  in  service. 

In  the  Pacific  Ocean. 
Ship  Franklin,       -       74  guns.     Schooner  Dolphin,      12  guns. 

In  the  Mediterranean. 

Frigate  Constitution,    44  guns.     Sloop  of  war  Ontario,  18  guus 
Schooner  Nonsuch,     12     " 

On  the  Coast  of  Africa. 
Corvette  Cyane,         24  guns. 
18 


138 

In  the  West  Indies. 

Frigate  Congress,  36  guns.  Schooner  Grampus,       12     guns. 

Corvette  John  Adams,  24     "  "        Shark,  12       «« 

Sloop  of  war  Peacock,  18     "  "      Porpoise,*        12       " 

Brig  Spark,  12     "  Gun  Boat  No.  158,   1       " 

Schooner  Alligator,       12     " 

*And  on  survey   Coast  Florida. 

Sloop  of  War  Hornet,    18   guns,  preparing  for  a  cruise  in  the 
West  Indies,  at  Norfolk,  Virginia. 

Brig  Enterprize,  repairing  at  New  York,  for  a  cruise  in  the  West 
Indies. 


No.  3. 

List  of  vessels  of  the  United  States'  ./Vary,  in   Ordinary,  exclusive  of  ships  on 
the  list  of  the  Navy  Commissioners ;  exclusive  of  list  numbered  4. 

Ship  Independence,  74  Guns.  Frigate  Cons:ellation,  36  guns, 

Ship  Washington,  74      "         "        Macedonian,  36       " 

Frigate  United  States,  44      "     Steam  Frigate  FuUon,  30       " 

"        Guerrieie,  44      "     Sloop  of  War  Erie,  18      " 

"        Java,  44      " 


No.  4. 

Vessels  built  and  building  under  the  law  for  the  gradual  increase  of  the  Navy  •' 
with  a  general  view  of  improvements  completed  at  the  several  building  yards. 

i  Launched  in  ordinary  at  Boston,  with  a  roo' 
Columbus  74  ?      over  her  to  protect  her  from  the  rain,  sun, 

(      &c. 

{Launched  in   ordinary   at  New-York,  with  a 
Ohio  74  ?      roof  over  her  to  protect  her  from  the  rain, 

(      sun,  &.c. 

North  Carolina  74  i  Launched  in  ordinary  at  Norfolk,  and  now  co- 
Delaware  74^      vering  with  roofs  to  protect  them. 
Q  _.  (  At  Boston,  nearly  finished  ;  house  over  her, 

I      and  perfectly  protected. 
Q  _.  \  At  Boston  ;  frame  raised  ;  under  a  house,  per- 

^      fectly  protected. 
Q  _.  ^  At  Portsmouth,  N.  H.  nearly  finished  ;  under 

I      a  house,  perfectly  protected. 
Q  _ .  t  At  Norfolk,  Va.   about  half  finished  ;  house 

(      over  her  ;  perfectly  protected. 

£  At  Philadelphia  ;  keel  laid,  frame  nearly  out ; 
One  74  <      house    now   building   over,    and    probably 

f      raised  by  this  time. 

f  Launched  and  hauled  up  on  the  inclined  plane 
Potomac  44  J      at  Washiugton,  where  she  now  lies,  under 

J      a  house,  perfectly  protected  from  the  sun, 

L     rain.  &c. 
44    At  Washington,  about  half  finished. 


,  139 

A  1  1  $  At  Philadelphia,  nearly  finished,  house  over 

£      her  ;  perfectly  protected. 
44  I  At  New  York  ;  frame  getting  out,  and  nearly 

I      ready  to  raise. 

o  .4  (At  Portsmouth,  N.  H.  in  forwardness  ;  house 

£      over  her  ;  perfectly  protected. 

The  frames  of  the  other  frigates  authori/cd  to  be  built,  except- 
ing a  few  pieces  yet  to  be  delivered  by  the  contractors,  and  nearly 
all  the  other  materials  excepting  the  iron,  are  procured  and  placed 
in  situations  where  they  will  probably  not  sustain  any  immediate 
material  injury. 

Two  steam  battery  frames  are  securely  deposited  under  cover 
at  Washington  navy  yard. 

One  steam  battery  frame  is  securely  deposited  under  cover  at 
New  York. 

Two  engines  are  put  up,  and  in  a  state  of  preservation  at  New- 
York. 

The  building  yards  are  in  as  good  a  state  as  the  means  placed  at 
the  disposal  of  the  Department  would  allow  ;  but  to  erect  the  ne- 
cessary ware  houses,  repair  wharves,  cover  some  of  the  vessels, 
now  building,  and  to  erect  suitable  sheds  over  the  timber,  for  its 
preservation,  there  will  be  required  for  the  year  132:3,  the  sum  of 
£  150,000. 

General  View  of  Improvement  completed  at  the  several  building  yards,  in  1821 

and  1822. 

At  Norfolk,  Timber  dock  filled  up,  and  house  built  over 

new  ship  of  the  line. 

At  Washington,  Inclined  plane,  with  a  house  over  it  ;  large 

warehouse  ;  sail  loft  and  rigging  loft. 

At  Philadelphia,  Foundation  of  a  new  ship  laid  ;  house  built 

over  a  frigate,  and  house  now  raising  over 
a  ship  of  the  line. 

At  New  York,  Foundation  of  a  new  ship  laid;  house  built 

over  a  frigate  ;  low  ground  filled  up  to  an 
extent  to  afford  sufficient  room  to  work  on. 

At  Boston,  Foundation  of  a  new  ship  laid  ;  a  house  built 

over  a  ship  of  the  line  ;  a  blacksmith's  shop 
erected  ;  the  timber  dock  piled  and  im- 
proved ;  cover  placed  over  the  frame  of  a 
44,  about  two  acres  of  ground  levelled. 

At  Portsmouth,  N.  H.  Foundation  of  a  new  frigate  laid,  and  a  house 
erected  over  it. 


Copies  and  Extracts  of  letters  and  reports,  exhibiting  a  general  view  of  the  cor- 
respondence between  the  Commanders  of  our  cruising  vessels  in  the  West  Indies, 
and  the  Spanish  Authorities. 

U.  S    FRIGATE  MACEDONIAN,  Havana,  May  6lh,  1822. 

SIR  :  I  have  the  honour  to  inform  you  that  I  arrived  here  on  the 


140 

28th  ultimo :  My  passage  was  somewhat  protracted  by  chasing,  out 
of  my  course,  suspicious  looking  vessels  among  the  Islands,  and  by 
having  two  days  under  convoy  an  American  schooner,  that  request- 
ed me  to  see  her  safe  past  Cape  Antonio.     On  my  arrival,  I  saluted 
the  Captain  General  and  the  Admiral,  receiving  from- each,  in  re- 
turn, gun  for  gun,  agreeably  to  previous  arrangement.  On  the  29th, 
I  had  an  interview  with  the  Captain  General  relative  to  the  busi- 
ness with  which  I  am  charged  by  Mr.  Adams,  the  Secretary  of  State. 
On  the  30th,  I  addressed  a  communication  to  him  upon  the  subject 
of  landing  our  boats  and  men  upon  the  coast  of  Cuba  when  in  pur- 
suit of  Pirates.     I  enclose  a  copy  of  my  communication,  as  also  of 
the  Captain  General's  answer  ;  and  you  will  perceive  he  declines 
acceding  to  the  proposition  1  made  to  him.     I  think  it  preferable  to 
pursue  one  object  at  a  time  with  the  government  here,  and  I  shall 
therefore  drop  this  subject  for  the  present,  renewing  it  when  ffiy 
correspondence  in  regard  to  the  Florida  Documents  is  terminated. 
He  certainly  ought, 'and  perhaps  will  consent  to  our  landing  upoo 
those  parts  of  the  Coast  that  are  uninhabited,  and  where,  though 
within  his  jurisdiction,  he  is  utterly  incapable  of  exercising  any  au- 
thority.    There  are  many  such  places  on  the  coasts  of  this  Island. 

The  measures  adopted  by  the  Captain  General,  and  to  which 
he  refers  in  his  letter  to  me,  consist  simply  of  a  pioclamation,  in 
March  last,  establishing  certain  regulations  with  respect  to  the 
clearances  of  coasting  vessels,  launches,  and  other  boats.  These 
regulations,  I  understand,  are  not  strictly  enforced,  and,  even  if 
they  were,  they  are,  altogether  insufficient  for  the  suppression  of 
piracy  along  the  extensive  coast  of  Cuba.  As  this  proclamation  has 
been  published  in  the  American  newspapers,  I  do  not  think  it  ne- 
cessary to  send  you  a  copy. 

1  regret  to  state  that  I  have  not  met  any  of  our  cruisers  either  at 
this  port  or  off  Cape  Antonio,  nor  have  I  been  able  to  gain  any  in- 
formation as  to  where  they  probably  now  are.  It  is  some  time 
since  any  of  them  were  here.  The  British  Frigate  Tribune  is  here, 
from  Porto  Bello,  and  is  about  to  sail  for  England  with  specie. 
I  have  the  honour  to  be,  &c.  JAMES  BIDDLE. 

HON.  SMITH  THOMPSON,  Secretary  of  the  Nacy. 


Captain  Biddle  lo  Governor  Mahy. 

United  Stales  Frigate  Macedonian,  Havana,  dprilSQlh,  1822. 
SIR  :  I  have  the  honour  to  represent,  that  the  commercial  rela- 
tions between  the  United  States  and  Cuba  are  already  very  consid- 
erable, and  that  they  would  unquestionably  be  more  considerable, 
if  rendered  more  secure  from  unlawful  depredations.  As  these 
relations,  too,  are  mutually  beneficial,  it  is  important  to  both  parties 
that  they  should  be  effectually  protected.  For  this  object  the 
government  of  the  United  States,  on  its  part,  has  employed  an  ade- 
quate naval  force,  which  is  placed  under  my  direction  and  control. 
But  as  the  depredations  have  been  committed  chiefly  in  open  boats,. 


fore  ,be  honour  ,. 

operate  m.h  me  a.  lo  sanction 


141 

the  harbours. 


His  EXCELLENT   Do*  NICHOLAS  M,r         C    /'^  BIDDLE- 
nor  o/  Cu6a   Parana.  '    Cfl;J/am  General  an*  Got 


nor  o/ 

GovcrnorMaky  to  Captain  Jiiddlc. 


HAtiai.ATlOX.l 

"  ill.  respect  to  the  permission  you  sol.cit   far  l-.n  r 
coast  w,th  troops  and  people  in  boaU    for  '         S 

=wiS^ 

--.d.,  andf0r  .h- 

,  ,  «- 


2d  May,  1822.  ^ 

NICFIOLAS  MAFiY 

,  A  .  tfla 

MKS  BIDDLB,  Esq. 


K       '  '  /-         ^',  ^^/24/A.  l«22. 

honour  to  acquaint  you,   for  the  in/orma.ion  o/  the 


142 

Hon.  Secretary  of  the  Navy,  that  I  arrived  at  St.  Bartholomews  on 
the  2d  of  August ;  sailed  again  on  the  7th  with  convoy  for  St.  Tho- 
mas. On  the  morning  of  the  9th  fell  in  with  two  Spanish  cruizers 
off  Tortola,  who  demanded  permission,  and  claimed  a  right  to  board 
the  Convoy,  which  being  peremptorily  refused,  they  hanled  off. 
The  same  day  1  arrived  at  St.  Thomas  and  received  from  Captain 
John  Souther,  of  the  schr.  Coquette  of  Georgetown,  D.  C.  the  en- 
closed deposition,  having  been  plundered  by  those  vessels.  On 
the  14th  1  left  St.  Thomas,  with  two  valuable  vessels,  bound  to 
Curracoa,  and  on  the  evening  of  the  15th  saw  an  hermaphrodite 
brig,  hovering  upon  our  weather  quarter,  apparently  a  cruiser — 
continued  my  course  without  regarding  her  ;  at  day  light  made  her 
ahead  and  gave  chase  ;  at  half  past  nine,  having  gained  considerably 
upon  her,  she  hoisted  English  colours  ;  changed  them  to  Spanish  at 
10,  and  fired  a  gun  to  windward,  and  at  half  past  10  hove  too,  and  set 
a  white  flag  at  the  fore  On  nearing  her  1  perceived  her  to  be  the 
Pirate  that  had  fired  upon  and  plundered  the  Coquette,  and  there- 
fore considered  it  rny  duty  to  arrest  her.  At  20  minutes  past  1 1 
the  Grampus  was  laid  under  her  lee,  within  pistol  shot,  and  her 
surrender  demanded  as  a  Pirate,  which  she  affected  not  to  under- 
stand, and  answered  me  to  that  import.  While  repeating  the  de- 
mand, he  poured  into  us  a  full  volley  from  his  small  arms  and  can- 
non, which  was  instantly  retured,  and  continued  three  minutes  and  a 
half,  when  he  struck  his  colours,  a  complete  wreck,  having  one 
man  killed  and  six  wounded,  and  in  a  sinking  condition.  The  boats 
were  despatched  instantly  to  their  relief,  and  it  was  only  owing  to 
the  great  exertions  of  Lieut.  Voorhees,  that  she  was  prevented  from 
going  down,  having  received  three  shot  between  wind  and  water, 
one  of  which  injured  the  pumps.  The  Grampus  received  some 
trifling  injury  in  her  sails  and  rigging,  but  not  a  man  hurt. 

"  The  captured  vessel  proved  to  be  the  notorious  privateer  Pal- 
myra, formerly  the  Pancheta,  from  Porto  Rico  ;  carries  one  long 
brass  18,  and  eight  18lb.  carronades,  and  a  crew  of  88  men.  They 
acknowledge  the  robbery  of  the  Coquette,  and  the  only  excuse 
given  by  the  officer  is,  that  they  could  not  prevent  those  things  hap- 
pening  now  and  then.  Several  of  the  plundered  articles  were  found 
on  hoard." 


ST.  THOMAS,  duputt  10/A,  1822. 
Personally  appeared  before  us,  Capt.  John  Souther,  Comman- 
der, and  in  part  owner  of  the  Schooner  Coquette,  of  Georgetown, 
D.  C.  Who,  being  duly  sworn  upon  the  Holy  Evangelist  of  Al- 
mighty God,  deposeth  and  saith  :  That  he  is  a  native  born  citizen  of 
the  United  States  of  America,  and  that,  while  on  a  voyage  in  said 
vessel  to  the  West  India  Islands,  and  on  his  passage  from  St.  Barthol- 
omews to  St.  Thomas,  on  the  morning  of  the  9th  of  August,  1822,  at 
5  A.  M.  or  thereabouts,  he  was  fired  at  by  a  sail  in  chase,  upon  which, 
tlic  deponent  sayeth,  he  immediately  hove  too.  Was  boarded  by 
an  officer  and  boat's  crew  under  Venezulian  colours  ;  they  immedi- 


143 

ately  demanded  his  papers  ;  after  examining  them,  they  commenced 
searching  the  vessel,  then  went  into  my  cabin  and  searched  the 
births,  chests,  &c.  They  took  from  the  vessel  stock,  and  clothing 
from  the  officers  and  men.  The  deponent  further  says,  she  was  an 
hermaphrodite  brig  with  a  red  streak,  and  one  long  gun  midships, 
and  several  others,  not  knowing  the  exact  number. 

JOHN  SOUTHER. 

ATTEST,  J.  ROHDE,  Captain  R.  Jfaty  and  Harbor  Master. 

FRANCIS  H.  GREGORY,  Lieutenant  Com.  U.  S.JVaiy. 

The  foregoing  deposition  of  Capt.  John  Souther  having  been 
read  before  John  Peabody,  jr.  mate  of  the  Schr  Coquette,  John 
Reynolds,  and  Henry  Sterling,  seamen,  and  they  being  duly  sworn, 
declare  the  same  to  be  true. 

JOHN  PEABODY,  JR. 
JOHN  REYNOLDS, 

ATTEST,  HENRY  STERLING. 

J.  ROHDE,  Captain  R,  Aary  and  Harbor  Master, 
FRANCIS  H.  GREGORY,  Lieut.  Com   U.  S.     ' 


Extract  of  a  letter  from  Lieutenant  Commandant  Francis  H.  Gregory,  to  the 
Secretary  of  the  Aary. 

"  I  have  the  honour  to  inform  you  that  this  vessel,  accompanied  by 
the  Palmyra,  alias  Pancheta,  was  safely  anchored  in  this  port  on  the 
12th,  after  a  passage  of  15  days  from  St.  Thomas.  The  Palmyra 
was  captured  on  the  IGth  of  August  to  the  southward  of  St.  Croix, 
by  the  Grampus,  after  a  short  action,  in  which  she  was  principal 
sufferer,  as  detailed  in  my  reports  to  Captain  James  Biddle,  Com- 
mander of  the  United  States'  Naval  Forces  cruising  in  the  West  In- 
dies. Copies  of  which  have,  for  your  information,  already  been 
forwarded  to  the  Department. 

"  It  was  my  wish  and  intention,  to  have  entered  a  more  northern 
port,  but  light  and  adverse  winds,  and  the  great  number  of  prisoners 
on  board,  "obliged  me  to  make  the  nearest  port,  and  that  as  soon  as 
possible.  The  prisoners,  7G  in  number,  have  been  safely  lodged 
in  jail,  committed  for  piracy.  At  least  one-third  of  them  are  of  the 
Sugar  Key  gang,  who  have  come  to  Porto  Rico  for  the  purpose  of 
covering  their  villany  with  Spanish  commissions.  All  the  original 
documents  respecting  this  vessel  have  been  placed  in  the  hands  of 
the  United  States  District  Attorney,  and  the  vessel  libelled.  Seve- 
ral of  her  own  crew  have  turned  informants,  and  I  expect  a  great 
scene  of  villany  will  be  exposed. 

"  I  frequently  saw  gentlemen  from  Porto  Rico  while  at  St.  Tho- 
mas's, and  was  informed  that  several -small  privateers  were  fitted 
out  there,  which,  if  not  looked  after  in  time,  will  certainly  commit 
some  very  serious  depredations  upon  our  commerce,  as  they  are,  in 
real  ity,  nothing  but  pirates;  most  of  their  crew  being  from  the 
establishments  of  Cuba,  and  to  their  thirst  for  plunder  add  a  deadly 
desire  of  revenge  whenever  they  fall  in  with  a  defenceless  Ameri- 
can.'* 


144 

Extract  of  a  letter  from  Lieutenant  James   Ramage,  commander  of  the  United 

Slates  schooner  Porpoise,  to  the  Secretary  of  the  ./Vary,  dated  St.  Tliomas, 

9/A  July,  1822. 

"  Having  sailed  from  St.  Bartholomews  on  the  evening  of  the  6th 
instant,  I  fell  in,  the  next  morning,  with  two  brigs  of  war,  bearing 
the  Mexican  flag.  I  run  down,  with  our  colours  flying,  between 
them  ;  and,  when  opposite  to  each,  received  a  gun  from  the  one  to 
windward,  which  was  instantly  returned  from  this  vessel  :  shortly 
after  I  received  a  similar  salute  from  that  to  leeward,  which  was 
promptly  replied  to — both  vessels,  on  firing,  hauled  down  the 
Mexican,  and  hoisted  the  Spanish  national  colours.  I  then  ranged 
alongside  the  brig  to  leeward,  observing  her  crew  in  a  state  of  ex- 
treme confusion  ;  they  opened  an  irregular  and  ill  directed  fire  oi' 
grape  and  musketry,  but  without  any  effect.  I  was  in  the  act  of 
giving  orders  to  return  our  broadside,  when  hostilities  ceased  ;  and 
I  directed  Lieutenant  Curtis  to  board  the  brig,  and  examine  her  pa- 
pers :  they  proved  to  be  H.  C.  Majesty's  brigs  Palmyra,  of  14 
guns,  130  men.  and  G.  Boves,  of  8  guns  and  100  men,  both  from 
Cadiz.  The  inclosed  is  a  literal  copy  of  a  letter  addressed  me  by 
the  senior  commanding  officer. 

"  I  now  hasten  to  communicate  the  intelligence  received  by  me 
at  this  place,  which  I  believe  to  be  entirely  authentic  :  that  several 
Spanish  privateers,  of  considerable  force,  have  lately  been  equip- 
ped from  the  island  of  Porto  Rico,  for  the  purpose  of  capturing  all 
vessels  sailing  to  or  from  the  ports  on  the  coast  of  Spanish  Ameri- 
ca, in  possession  of  the  Patriot  forces,  under  the  plea  that  they  are 
violating  a  system  of  blockade  established  by  the  government  of 
Spain.  These  privateers  have  already  made  several  captures  of 
American  and  other. vessels,  which  have  been  carried  to  remote 
ports  in  the  Island  of  Porto  Rico,  and  will  doubtless  be  condemned. 
The  injury  that  will  result  to  the  commerce  of  our  country,  from 
this  system  of  pretended  blockade,  will  be  very  serious,  if  not 
timely  checked  by  an  adequate  force  in  this  quarter  :  and,  as  1  have 
no  means  of  communicating  from  hence  with  Capt.  Biddle,  I  con- 
sider it  my  duty  to  lay  the  present  information  before  you." 


S.  N.  D.  G.  BOVES,  Al  tea,  July  8,  18'22. 
M.  RAMAGE,  U.  S.  Sc.  Poipoise, 

SIR  :  I  am  sorry  you  will  be  incomoded  with  me  by  firiying  you 
this  morning,  being  the  case  that  we  thought  you  were  Patriots, 
and  we  have  commission  from  our  government  to  blockade  all  the 
men  ports,  and  happened  that  must  all  the  vessels  from  the  men 
hmsted  and  fight  with  the  American  flag,  we  look  you  to  be  one  of 
them. 

I  hope  therefore  you  will  forgived  the  uncasionally  affair. 
1  remain  your  aincear,  &c. 

PABLO  LLUAGEK. 

To  the  Captain  of  the  U.  S.  Sc.  Porpoise, 


145 

United  Stales*  Schooner  Porpoise,  Curracoa,  July  22>  1622, 
SIR  :  I  had  the  honour  to  address  you  on  the  9ili  in8t.  from  the 
Island  of  St.  Thomas,  communicating  the  injuries  committed  on  our 
commerce  by  Spaninh  vessels  of  war  near  to  Porto  Rico,  in  conse- 
quence of  their  pretended  blockade  of  the  Coasts  of  Spanish 
America.  I  have  now  to  inform  you  that  the  same  causes -have 
produced  the  same  effects  in  this  quarter,  and  that  four  American 
vessels  have  been  condemned  at  Porto  Cabello  for  a  breach  of 
blockade.  The  naval  force  of  Spain  in  these  seas  consists  of  an 
old  44  gun  frigate  (one  of  the  Russian  contract,)  a  brig  and  schoon- 
er. These  are  employed  in  furnishing  supplies  to  Porto  Cahello 
from  this  island,  and  yet  with  such  a  force  and  so  employed,  they 
uphold  the  monstrous  principle  of  blockading  a  coast  of  more  than 
1200  miles  in  extent.  It  does  not  appear  that  any  injury  has  been 
committed  on  our  commerce  by  the  vessels  of  the  Colombian  Re> 
public.  I  have  the  honour  to  be,  &c.  JAMES  RAMAGE. 

Hon.  SMITH  THOMPSON,  SeJyNary. 

Bxtract  of  a  letter  from  Lieutenant  Jamet  Ramage,  commander  of  the  Unilei 
States'  schooner  Porpoise,  to  Captain  James  Biddle,  commanding  the  naval 
forces  in  the  West  Indies. 

"  Under  the  plea  of  a  breach  of  blockade,  the  Spanish  squadron 
in  this  direction,  capture  all  vessels  bound  to  or  from  ports  in 
possession  of  the  Colombian  Republic.  The  naval  force  of  Spain, 
now  here,  consists  of  an  old  44  gun  frigate,  the  Ligera,  (one  of  the 
Russian  contract,)  an  18  gun  brig,  the  Hercule,  and  a  schooner  ; 
the  whole  of  which  are  employed  supplying  Porto  Cabello  witbi 
provisions  from  Curracoa  ;  yet,  with  such  a  force,  and  so  employed, 
they  uphold  the  monstrous  principle  of  blockading  a  line  of  coast  of 
more  than  1200  miles  in  extent." 


Gopy  of  a  letter  to  Captain  Laborde,  Commanding  Itis  Catholic  Jttajesty^s- 

Frigate  Ligera. 
UHITED  STATES'  SCHOONER  PORPOISE, 

Harbour  of  St.  Ann,  Curracoa,  21st  July,  1822. 

SIR  :  I  have  received  from  the  master  of  the  American  schooner 
Antelope  a  communication,  of  which  a  copy  is  herewith  transmit- 
ted you.  From  this  statement  it  appears  that  a  very  serious  injury 
has  been  done  by  you  to  the  rights  and  property  of  citizens  of  the- 
United  States,  by  the  capture  and  subsequent  condemnation  of  an 
American  vessel  and  cargo  pursuing  a  lawful  commerce  ;  but  it  is 
hoped  that  more  just  reasons  will  be  exhibited  on  your  part  for  the 
course  pursued,  than  those  stated  in  the  communication  referred  to. 

I  have  received  information  that  the  American  vessels  named  un- 
derneath, have  been  carried  into  Porto  Cabello,  and  there  con- 
demned under  the  pretext  of  a  breach  of  blockade  of  the  coast  and 
harbours  of  the  Spanish  .Main.  In  consequence,  thereof,  it  be-* 
comes  my  duty  to  demand  from  you  the  release  of  all  vessels  and 
property  so  seized,  and  further  to  state,  that  the  United  States  can- 

10 


146 

not  recognize  such  a  system  of  blockade  to  the  manifest  injury  of 
their  commerce,  where  the  force  of  Spain  is  so  evidently  inadequate 
to  its  fulfilment. 

I  am,  &c.  &c.  JAMES  RAMAGE. 

To  Capt.  LABORDE,  Commanding  H.  M.  C.  M.  Frigate  Lig'ra,  Curracoa. 
American  brigs  Calypso  of  New  York, 

Rising  States  of  New  York,  schr.  Union  of  Salem. 

Statement  of  Arthur  Edgarton,  mate  of  the  brig  General  JJndrew  Jackson, 
Arthur  Edgarton,  mate  of  the  brig  General  Andrew  Jackson,  ta- 
ken by  the  privateer  General  Pereira,  on  the  22nd  July,  as  nigh 
as  he  can  remember,  the  log  book  being  taken  from  him — Capt. 
Langdon  and  the  cook  were  sent  in  the  brig  to  Ponce,  and  the  mate 
and  men  were  taken  on  board  the  privateer,  having  been  robbed  of 
every  article  of  clothing,  except  what  they  had  at  the  time  on  their 
backs.  The  men  had  .recently  left  the  United  States,  and  had 
each  anew  suit  of  good  clothes,  many  of  which  can,  at  most  hours,  be 
seen  at  this  place,  worn  by  the  crew  of  the  privateer  in  public. 
Except  being  robbed  of  clothing,  knives,  razors,  &.c.  were  well  treat- 
ed onboard  the  privateer,  where  they  remained  about  seventeen 
days — were  then  put  into  the  Puntilla  (prison)  without  food,  until 
the  afternoon  of  the  third  day.  The  keeper  of  the  prison  observ- 
ing the  wants  of  these  men,  sent  word  to  the  captain  of  the  priva- 
teer. "  That  he  must  furnish  them  daily  with  food,  or  he  would  be 
punished  ;  "  which  was  complied  with. 


Captain  Spence  to  the  Secretary  of  the  JVary,   transmitting  Correspondence 
with  the  Governor  of  Porto  Rico,  marked  A.  to  G.  inclusive. 

U.  S.  SHIP  CYANE,  St.  John's,  Porto  Rico,  Sep.  3rf,  1822. 
SIR  :  After  a  passage  of  twenty-tive  days  from  the  Chesapeake, 
during  which  we  experienced  an  alternation  of  calms  and  head 
winds,  I  anchored  in  this  harbour.  I  found  no  small  excitement 
existing,  produced  by  the  capture  of  the  Pancheta.  The  presence 
of  a  ship  of  our  force  was  perhaps  seasonable  ;  and  possibly  may 
have  been  the  means  of  preventing  unpleasant  consequences  to  the 
Americans  here.  Before  I  could  enter  upon  the  business  specially 
delegated,  I  was  informed  of  the  imprisonment  of  several  citizens 
of  the  United  States,  taken  from  the  brig  General  Jackson,  captu- 
red and  sent  into  Ponce.  As  no  American  ought  to  be  restrained 
of  his  liberty,  in  any  quarter  of  the  world,  one  hour,  without  just 
cause,  I  addressed  his  Excellency  Don  Francisco  Gonzalez  de  Li- 
narez,  demanding  their  release.  My  letter,  marked  A,  is  here- 
with transmitted.  The  men  being  liberated,  I  felt  myself  at  liber, 
ty  to  enter  upon  the  execution  of  my  instructions,  and  imme- 
diately addressed  him  upon  the  subject  of  the  capture  of  American 
vessels  by  privateers  out  of  the  island  of  Porto  Rico.  A  copy  of 
my  letter,  marked  B,  is  herewith  enclosed.  On  the  27th  ult.  I 
addressed  to  his  Excellency  letter  C,  annexing  memorandum  No.  1, 
being  a  list  of  vessels  sent  into  the  different  ports  of  the  Island,  for 


adjudication.  On  the  28th  I  received  from  his  Excellency  a  reply 
to  my  representations,  which  is  herewith  transmitted,  with  other 
subsequent  communications  from  him.  I  then  addressed  to  him 
letter  D,  with  copies  of  the  accompanying  documents,  2,  3,  and  4. 
Some  of  the  circumstances  of  the  capture  of  the  Pancheta  being 
known,  for  the  purpose  of  preventing  the  ill  effects  of  distorted  and 
prejudiced  representations,  and  to  allay  the  sensation?  of  which  his 
Excellency  speaks,  I  addressed  to  him,  on  that  subject,  letter  marked 

E,  Receiving  several  reiterative  communications,  of  which  I  ob- 
tained but  very  imperfect  translations,  1  replied  with  letter  marked 

F,  and  came  to  the  consummation  of  the  duty  confided  to  me  in  letter 

G,  and  1  trust,  in  the  declarations  there  made,  I  have  neither  gone 
beyond  the  letter  or  spirit  of  my  instructions  ;  having  been  influ- 
enced throughout  the  whole  correspondence,  by  a  strong  desire  to 
discharge  a  delicate  trust  with  becoming  graciousness ;  and,  while 
milking  known  the  sentiments  of  the  American  people,  and  the  de- 
termination of  my  government,  to  conciliate,  by  a  friendly  style 
and  manner,  the  good  feelings  of  those  in  authority,  all  of  whom 
are  men  of  high    standing,  and  justly  estimable.     I   hope  my  re- 
marks on  the  laws  of  blockade  will   be  considered  by  yourself  and 
the  President  pertinent  and   proper.     1  believe  I  conceived  your 
views  on  that  subject.     It  cannot,  however,  be  expected   that  an 
officer  who  embarked  at  the  age  of  eleven  on  an  element  where  the 
accomplishments  of  a  scholar  are  not  required,  should   shine  in  a 
correspondence  of  a  diplomatic  cast ;  especially  when  depending 
wholly  on  his  own  feeble   capacity.     What  I    have  written  on  this 
occasion,  has  been  with  a  heart  glowing  with  American  feelings,  with 
an  enthusiastic  admiration  of  our  laws,  institutions,  and  great  men  ; 
if  therefore,  a  little  egotism  should  occasionally  appear,  I  plead 
this  in  extenuation. 

The  hospitality  of  the  port  has  been  freely  and  fully  extended  to 
my  ship,  and  the  personal  attention?  of  those  in  authority  have  been 
gratifying  to  me  and  my  officers.  To  a  system  of  privateering  they 
are  opposed  ;  and  the  governor  will  do  all  in  his  power  to  discour- 
age its  continuance.  Indemnification  for  the  past,  I  fear,  we  shall 
have  to  look  for  to  the  treasury  of  Spain. 

I  shall  be  active  in  attending  to  every  thing  in  which  the  interest 
uf  our  commerce  is  concerned  ;  and  shall  endeavour  to  sustain  the 
American  character  by  a  manner  gentle,  yet  firm — taking  on  myself 
no  responsibility,  keeping  constantly  in  eye  the  reciprocal  rights  of 
nations,  and  your  instructions. 

1  have  the  honour  to  remain,  sir,  your  obedient  servant, 

ROBERT  TRAIL  SPENCE. 

P.  S.  I  shall  leave  these  seas  the  last  of  October  for  Africa. 
The  Hon.  SMITH  THOMPSON,  Secretary  of  the  Navy,  Washington. 

A. 

UNITED  STATES'  SHIP  CYANE, 

St.  John's,  Porto  Rico,  August  ZGlh,  1822. 
SIR  :  Instructed  to  proceed  to  Porto  Rico,  to  communicate  with 


148 

your  Excellency,  in  relation  to  the  infringement  of  American  rights, 
by  vessels  fitted  out  of  different  ports  of  this  Island  I  had  scarcely 
anchored  with  this  ship,  ere  I  learnt  that  several,  citizens  of  the 
United  States  (after  experiencing  the  most  brutal  treatment  from  a 
gang  of  desperadoes,  belonging  to  an  armed  schooner,  now  in,  and 
eaid  to  be  of  this  place,)  have  been  imprisoned,  and  are  at  present 
in  confinement. 

These  American  citizens  I  understand  were  taken  from  the  brig 
Andrew  Jackson,  while  peaceably  pursuing  their  vocation  on  the 
high  seas,  under  the  flag  of  the  United  States. 

So  gross  a  violation  of  the  usages  of  all  civilized  nations,  is  cal- 
culated to  excite  universal  abhorrence,  and  the  just  indignation  I 
am  persuaded  your  Excellency  must  feel  on  being  informed  of  such 
an  atrocious  act,  renders  it  only  necessary  that  it  should  come  to 
the  knowledge  of  your  Excellency,  to  cause  the  immediate  release 
of  said  citizens,  and  the  prompt  and  salutary  punishment  of  those 
violators  of  the  laws  of  nations  and  humanity. 

With  the  most  perfect  consideration,  &c. 

ROBERT  T.  SPENCE. 
His  Excellency  FRANCISCO  GONZALEZ  DE  LIXARES,  Governor  of  Porto  Rico. 

B 
UNITED  STATES'  SHIP  CYANE,  Porto  Rico,  August  27,  1822. 

SIR  :  I  am  directed  to  call  the  attention  of  your  Excellency  to 
the  capture  and  detention,  by  privateers  fitted  out  from  this  Island, 
oi  M-veral  American  merchant  vessels,  while  pursuing  a  lawful 
commerce  during  a  time  when  the  United  States  enjoy  profound 
peace  with  all  nations. 

Your  excellency  will  readily  perceive,  that  under  such  circum- 
stances, the  violation  of  American  rights  here  complained  of,  calls 
for  a  speedy  interposition  of  justice  and  authority.  Justice,  that  a 
restitution  of  these  captures  may  be  made,  and  authority  to  pre- 
vent a  repetition  of  similar  outrages. 

I  will,  as  soon  as  possible,  transmit  to  your  Excellency  the  names 
of  the  vessels  to  which  this  complaint  refers,  with  a  statement  of 
the  circumstances  attending  their  capture  ;  confidently  believing 
that  your  Excellency  will  adopt,  as  early  as  possible,  such  mea- 
sures as  shall,  in  your  wisdom,  be  deemed  sufficient  to  arrest  these 
depredations,  which,  in  some  cases,  can  be  viewed  in  no  other 
light  than  piratical. 

The  flag  of  the  United  States,  floating  in  every  ocean,  guaranties 
protection  to  all  who  lawfully  sail  under  it— the  invasion  of  rights 
identified  with  this  flag,  it  would  neither  be  honourable,  wise,  nor 
expedient  to  permit,  and  that  trade  to  which,  as  a  neutral,  the 
United  States  have  claim  uninterruptedly  to  pursue,  cannot  be 
molested. 

The  American  commerce,  second  to  none  for  magnitude,  enter- 
prise, and  fair  dealing,  must,  to  insure  a  continuance  of  these  con- 
stituent features,  be  preserved  inviolate ;  and  the  protection  ne- 


149 

pessary  to  effect  this  object,  the  government  of  the  United  States  is 
determined  to  afford,  whether  in  the  seas  of  the  Mediterranean, 
Pacific,  or  Caribbean,  where  outrages,  tending  to  degrade  the  flag 
under  which  they  are  committed,  are  daily  occurring  ;  these,  as  far 
as  they  shall  come  under  the  cognizance  ot  your  excellency,  1  am 
persuaded  will  be  restrained  and  prevented. 

The    amiable  and  friendly   footing,    on   which    Spain  and  the 
United  Stales  are  at  this  time,  convinces  me,  that  nothing  more  than  a 
proper  representation  of  these  facts   is  required,  to  call  the  sub- 
ject-matter to  th£  immediate  attention  of  your  Excellency. 
Fully  believing  this,  I  have  the  honour  to  remain,  &c. 

ROBERT  T.  SPENCE. 
His  Excellency  Dow  FRANCISCO  GONZALEZ  DE  LINAREZ, 

Governor  of  Porto  Rico. 

c. 

U.  STATES'  SHIP  CYASE,  ST.  JOHN'S,  PORTO  Rico,  August  28,  1822. 

Sm  :  Having  informed  your  Excellency  that  I  have  been  instruct- 
ed to  proceed  to  this  place,  to  communicate  with  your  Excellency 
on  the  subject  of  captures,  made  by  privateers  fitted  out  of  this  Isl- 
and, of  American  vessels,  while  pursuing,  in  time  of  peace,  a  lawful 
trade,  1  now  have  the  honour  to  transmit  a  memorandum,  embracing 
the  names  of  these  vessels,  and  the  circumstances  attending  their 
seizure. 

It  appears  that  some  of  these  vessels  have  been  sent  in,  and  after 
a  grievous  detention,  declared  to  be  a  "  bad  prize  ;"  subject,  how- 
ever, to  pay  all  the  costs  of  suit,  and  one-third  of  the  expenses  of 
the  privateer. 

To  one  as  profound  in  all  matters  of  law  and  equity  as  your  Ex- 
cellency, this  must  appear  a  strange  proceeding ;  a  proceeding, 
calling,  with  much  emphasis,  for  the  interposition  of  your  Excel- 
lency's authority,  to  remedy  evils  bearing  a  character  calculated 
to  diminish  the  high  respect  heretofore  entertained  by  the  world, 
for  the  equitable  decisions  of  Spanish  Courts. 

A  pretended  violation  of  blockade,  it  appears,  is  the  pretext  for 
sending  into  the  ports  of  this  island,  vessels  navigating  the  sea  under 
the  American  flag.  The  whole,  therefore,  may  be  resolved  into 
two  descriptions  of  cases  :  The  first,  comprising  vessels  seized  and 
again  released  as  "  bad  prizes"  paying  the  whole  of  the  costs  ot" 
trial,  and  a  poition  of  the  expenses  of  the  privateer. 

The  principles  of  equity  applicable  to  such  cases  are  too  simple 
to  require  exposition.  ^The  innocent  are  not  to  pay  the  penalty  of 
another's  guilt  or  imprudence.  If  an  American  is  interrupted  in 
her  voyage,  captured  and  vexatiously  detained,  until  a  judicial  in- 
vestigation determines  her  to  be  a  "  bad  prize,"  it  seems  to  rne 
self-evident,  that  all  costs  of  the  suit  should  be  paid  by  the  captors, 
in  whom  the  wrong  is  ;  add  to  this,  that  proper  damages  should  be 
levied  on  the  aggressor,  that  the  sufferer  may  be  fairly  indemnified, 
and  the  "  pm'vateersman,"  he  restrained  in  future  by  a  fear  of  be- 


150 

ing,  in  all  similar  eases,  called  upon  to  make  good  the  injury  re- 
sulting from  his  wantonness  ;  without  suchj  a  check,  what  is  there 
to  limit  the  mischief  done  by  men  of  this  order,  who,  stealing  from 
their  dens  and  lurking  places,  pollute  the  ocean  with  the  blood  of 
defenceless  sailors,  and  gorge  their  cupidity  with  the  spoils  of  plun- 
der and  ravage  ? 

The  good  of  every  nation,  and  the  honour  of  some^require  that 
so  foul  a  system  should  be  made  to  cease,  that  every  navigable  sea 
may  be  rendered  safe  to  the  honest  efforts  of  enterprise. 

The  second  description  of  cases  to  which  I  wi^h  to  call  the  im- 
mediate attention  of  your  Excellency,  are  those  vessels  sent  in  un- 
der a  pretext  of  attempting  to  enter  a  blockaded  port.  The  pacific 
policy  uniformly  pursued  by  the  government  of  the  United  States, 
the  just  and  liberal  principles  by  which  it  has  been  governed 
through  all  its  various  struggles,  to  treat  all  nations  as  friends,  and, 
especially,  to  be  on  the  most  friendly  footing  with  Spain,  entitle  the 
citizens  of  America  to  the  privilege  of  navigating  the  seas  without 
molestation,  on  pretexts  so  flimsy  as  those  of  violating  a  "  blockade" 
which  has  never  existed  de  facto. 

It  is  well  understood,  that  a  blockade  to  carry  with  it  the  pen- 
alty of  forfeiture,  must  be  conformable  to  the  established  opinions 
of  those  distinguished  civilians,  who  have  fully  and  ably  expound- 
ed this  subject. 

In  the  first  place  it  must  be  practicable  ;  it  must  be  defined  with- 
in limits  commensurate  with  the  ability  ;  a  stationary  force  must 
intervene  ;  the  vessel  entering  must  be  warned  off ;  these,  and 
other  qualifications  are  essential  to  constitute  a  blockade,  as  now 
understood  by  the  President  of  the  United  States  and  other  great 
statesmen.  If,  then,  such  is  the  form  and  nature  of  a  blockade  ;  if 
the  constant  presence  of  a  stationary  squadron,  adequate  to  the  pur- 
pose of  intercepting  all  vessels,  is  indispensable  ;  how  is  it,  that  a 
whole  coast,  without  any  definite  limit,  should  be  under  the  ban  of 
interdiction,  without  any  visible  force  ;  consequently,  without  the 
first  requisite  of  a  blockade  ? 

While  such  pretexts  for  spoliation  exist,  and  the  commerce  of  the 
United  States  is  thus  devastated,  the  relations  of  love  and  friend- 
ship  now  existing  between  the  two  nations  must  be  shaken,  and  a 
state  of  things  produced  such  as  I  am  persuaded  your  Excellency 
will  feel  desirous  to  avert. 

I  trust  I  shall  be  excused  these  remarks,  made  to  one  by  whom 
the  principles  of  "  blockade"  are  fully  understood,  and  whose  ex- 
perience is  such  as  to  render  the  application  of  them  in  all  cases 
just  and  proper. 

It  will  readily  occur  to  the  wisdom  and  justice  of  your  Excel- 
lency that  injuries  sustained  by  American  citizens  from  illegal 
seizure  and  detention,  carry  with  them  a  fair  claim  to  indemnity  ; 
and  that  where  there  has  been  a  manifest  partiality  in  the  courts 
deciding  on  some  of  the  cases  presented  for  your  consideration, 
that  the  arm  of  authority  should  be  extended  to  remedy,  and  to  re- 


151 

quire  more  equitable  decisions.     In  these  cases  it  is  hoped  an 
pected  that  your  Excellency  will  direct  arevisal  of  the  proceeding* 
of  subordinate  tribunals,  that  such   of  the  citizens  of  the  United 
States  as  have  suffered  by  them  may  be  immediately  made  whole  in 
their  property,  and  receive  damages  (or  unjustifiable  detention. 

Your  Excellency,  influenced  by  high  and  honourable  motives, 
will  doubtless  see  the  propriety  of  ordering  all  American  vessels 
now  detained  to  be  forthwith  released,  and  the  punishment  of  ma- 
rauders who  have  tarnished  the  dignity  of  the  Spanish  character 
by  acts  of  inhuman  treatment  to  citizens  of  the  United  States  ;  by 
the  most  flagrant  outrages  ;  by  a  prostration  of  all  the  usages  of 
civilized  society ;  thereby  bringing  the  commercial  world  into  a 
state  truly  to  be  deplored,  tending  to  arm  man  against  his  brother 
man,  and  to  make  safety  no  where  but  in  strength  and  habitual  hos- 
tility. > 

Submitting  this  application  to  the  effrly  attention  of  your  Excel- 
lency, and  calling  upon  your  Excellency  immediately  to  interpose 
your  authority  to  prevent  a  continuance  of  these  causes  of  just 
complaint,  and  confidently  believing  that  your  love  of  justice,  or- 
der and  humanity,  will  impel  you  promptly  to  meet  the  wishes  of 
my  government  on  this  subject. 

I  remain,  with  the  most  perfect  consideration,  your  Excellency's 
obedient  servant,  ROBERT  T.  SPENCE. 

His  Excellency  DON  FRANCISCO  GONZALEZ  DE  LI.VAREZ, 
Governor  of  Porto  Rico. 


List  of  American  t'essch  captured  by  Spanish  Privateers^  and  tent  into  the  dif- 
ferent Porlt  of  Porto  Rico. 

Barque  American,  Emery  master,  of  Kennebunk.  This  vessel 
was  sent  into  Cape  Roxo  by  the  Spanish  Felucha  la  Carmen,  tried, 
and  declared  a  bad  prize,  but  sentenced  to  pay  all  costs  of  the  trial, 
and  one  third  of  the  charges  of  the  privateer  for  her  detention  ;  and 
was  compelled,  in  consequence,  to  sell  her  cargo  at  a  great  sacrifice. 

Brig  Sam,  of  Portland,  Crowell  master.  This  vessel  was  sent 
into  Cape  Roxo  by  the  same  privateer,  and  it  is  understood  that  she 
is  still  detained. 

Brig  Bliss,  of  Baltimore,  Dungan  master.  This  vessel  was  sent 
into  Cape  Roxo  by  the  same  privateer,  and  after  a  vexatious  deten- 
tion was  suffered  to  proceed,  paying  all  the  costs  of  trial,  and  one- 
third  of  the  expenses  of  the  priviteer. 

Brig  Elizabeth,  of  Georgetown,  West  master.  This  vessel  was 
sent  into  Aguadeila  by  the  privateer  General  Pereira,  for  trading 
to  a  blockaded  port. 

Brig  General  Jackson,  of  New  York,  Langdon  master,  captured 
and  sent  into  Ponce  by  the  schooner  General  Pereiia,  at  which  place 
she  is  now  detained  ;  and  part  of  her  crew,  after  very  inhuman 
treatment,  imprisoned  at  this  place. 


D. 

STATES*  SHIFCXANE,  St.  John's,  Porto  Rico,  August  29//i, 

SIR  :  I  have  the  honour  to  acknowledge  the  receipt  of  your  Excel- 
lency's letter  of  the  27th  instant,  (a  translation  1  have  but  this  mo- 
ment been  able  to  obtain,)  in  which  you  refer  me  to  a  communica- 
tion made  to  Mr.  Lord,  the  commercial  agent,  in  reply  to  an  appli- 
cation made  the  day  previous  to  my  arrival,  for  the  release  of  the 
crew  of  the  brig  Andrew  Jackson.  The  sentiments  and  expres- 
sions of  your  excellency  in  relation  to  this  outrage  are  duly  appre 
ciated.  I  felt  persuaded  that  the  harsh  and  illegal  imprisonment  ol 
unoffending  American  citizens  could  not  have  come  to  the  know- 
ledge of  your  excellency  ;  and  there  are  other  outrages  of  similar 
character  not  yet  known,  I  am  convinced,  to  the  high  authorities  oi 
Porto  Rico. 

I  beg  leave  to  enclose  yoif  a  copy  of  a  letter  from  the  Govern- 
ment Interpreter  at  Ponce,  into  which  place  the  brig  Andrew  Jack- 
son was  taken.  This  is  a  representation  from  a  Spanish  functiona- 
ry, and  your  excellency,  1  doubt  not,  will  agree  with  me,  that  if 
the  facts  there  stated  are  true,  there  is  no  other  application  by 
which  I  could  designate  the  perpetrators  of  such  inhuman  severity, 
save  that  of  "  desperadoes  ;  "  men  restrained  by  none  of  the  gentle 
obligations  ofhutnanity. 

It  is  a  facl,  notoriously  known,  that  the  crew  of  the  "  Andrew 
Jackson,  "  illegally  and  harshly  confined  at  the  time  of  my  writing 
to  you  had  been  previously  robbed  of  every  thing  save  the  clothes 
they  had  on  at  the  time  of  entering  the  prison  ;  their  jack-knives 
were  even  cut  from  their  laniards  !  If  to  men  who  can  thus  act, 
who  can  divest  a  defenceless  "  American  Tar  "  of  every  thing, 
even  to  his  wearing  apparel,  I  could  apply  any  other  distinguishing 
name  than  that  of  "  robber  "  1  confess  to  your  excellency  1  should 
have  selected  a  milder  epithet. 

A  glance  at  the  history  of  the  past,  displays,  in  the  Spanish  char- 
acter, the  principles  and  high  sentiments,  of  which  you  speak  ;  the 
island  before  us  bears  full  testimony  of  their  enterprize  and  great- 
ness. It  was  to  those  sentiments  and  principles  I  appealed,  when  I 
requested  your  early  attention  to  proceedings  calculated  to  sully 
that  dignity  of  which  every  "  Spaniard,"  is  justly  proud. 

The  capture  of  the  Pancheta  by  a  vessel  of  war  of  the  United 
States  was  entirely  unknown  to  me  on  my  arrival  at  St.  John's  ;  but, 
I  can  confidently  assure  your  Excellency,  that  you  have  been  mis- 
informed as  to  some  of  the  circumstances  attending  it.  I  have  un- 
derstood that  the  privateer  Pancheta  has  been  of  considerable  an- 
noyance to  our  commerce  in  these  seas,  and  that,  falling  in  with  the 
United  States  schooner  Grampus,  fired  into  her.  The  consequen- 
ces that  would  result  from  such  an  act,  may  be  conceived  by  your 
Excellency. 

The  instructions  given  to  officers  of  the  American  x<avy  are 
such  as  to  render  it  impossible  that  they  can  be  the  aggressors — and 


the  feelings  that  have  characterized  them,  will  always  ensure,  in 
these  unhappy  rencontres,  humanity  and  tenderness. 

Vessels  have  formerly  been  sent  into  ports  of  the  United  States 
on  apparent  good  grounds,  such  as  attempts  on  our  commerce  ;  but. 
in  all  instances  in  which  cause  for  condemnation  did  not  appear, 
heavy  damages  were  awarded,  and  the  sufferers  made  more  than 
whole  in  their  property — retribution  is  there  always  at  hand. 

In  the  case  of  the  Pancheta,  I  beg  leave  to  assure  your  Excel- 
lency, there  must  have  been  great  cause  for  the  course  pursu- 
ed. As  to  the  indignity  offered  to  the  flag,  your  Excellency,  I 
trust,  is  misinformed  ;  for  no  officer  in  the  navy  dare  stand  before 
the  tribunal  of  the  American  people,  justly  charged  with  bavin;; 
violated  the  best  constituents  of  the  American  character — magnani- 
mity and  knightly  generosity. 

This  unfortunate  occurrence  has  grown  out  of  the  necessity  of 
sending  an  armed  force  to  these  seas,  for  the  purpose  of  convoying 
our  vessels,  arid  of  guarding  them  against  the  violence  that  has 
been  committed  upon  them  by  privateers  infesting  the  ocean,  for 
the  purpose?  of  plunder.  If,  in  the  execution  of  this  duty,  ren- 
dered necessary  by  the  state  of  things,  calamities  unavoidably  oc- 
cur, they  must,  doubtless,  be  deplored  by  the  lovers  of  peace  and 
concord,  but  cannot  be  chargeable  to  us,  as  voluntary  acts. 

It  is  an  indisputable  fact,  although  not  known  to  your  Excellency, 
that  the  Captain's  and  Mate's  trunks  of  the  American  brig  Sam,  cap- 
tured and  taken  into  Cape  Koxo,  were  broken  open,  while  himself 
and  crew  were  on  board  the  privateer,  and  four  hundred  and  twen- 
ty Spanish  dollars  taken  from  them ;  also,  one  trunk  of  Madras* 
handkerchiefs  and  other  merchandize.  These  are  transactions  un- 
known to  your  Excellency,  having  taken  place  prior  to  your  Ex- 
cellency's arrival — they  are  the  acts  of  privateersmen,  from  which 
it  would  be  absurd  to  infer  the  character  of  a  wise  and  liberal  na- 
tion, like  that  of  Spain. 

Seeing  the  evils  that  result  from  the  course  pursued  by  privateers 
out  of  this  island,  I  call  upon  your  Excellency,  in  the  name  of  ha- 
tnanity,  and  of  that  benign  policy  which  has  marked  the  course  of 
our  political  career,  to  place  such  checks  and  restraints  upon  their 
proceedings,  as  will,  in  future,  secure  the  American  commerce 
from  interruption,  and  those  vexatious  seizures,  of  which  the  citi- 
zen? of  the  United  States  justly  complain. 

These  complaints  resting  on  the  foundation  of  wrongs  of  an  ag- 
gravated nature,  which  cannot  be  justified  by  any  previous  aggres- 
sions of  American  citizens,  convinces  me  that  they  will  not  be 
sanctioned  by  one  of  your  Excellency's  liberal  and  comprehensive 
views. 

Confident  of  this,  1  feel  much  satisfaction  in  complying  with  that 
part  of  my  instructions  which  requires  me  to  learn  from  your  Ex- 
cellency how  far  privateers  fitted  out  of  this  island,  are  authorized 
to  capture  and  bring  in  for  adjudication,  the  vessel?  of  the  United 
States  pursuing  a  lawful  commerce.  Information  on  this  head  will 
20 


154 

serve  to  explain  fully  the  footing  on  which  our  maritime  relations 
rest  in  this  quarter. 

Be  pleased  to  accept  my  best  wishes  for  the  health  and  happiness 
of  your  Excellency,  and  believe  me,  with  the  most  perfect  con- 
sideration, 

Your  Excellency's  obedient  servant, 

ROBERT  T.  SPENCE,  Captain  U.  S.  Wavy. 

P  .S.  I  also  enclose  a  copy  of  a  letter,  from  the  master,  of  the 
brig  General  Andrew  Jackson,  relative  to  his  treatment  from  the 
crew  of  the  Spanish  privateer  General  Pereira. 

His  Excellency  Don  FRANCISCO  GONZALEZ  DE  LINAREZ, 

Governor  of  Porto  Rico,  &c.  &c.  &e. 


E. 
U.  S.  SKIP  CYAKE,  St.  John's  P.  R.  August  3<M,  1822. 

SIR  :  Since  the  receipt  of  your  letter,  alluding  to  the  capture  of 
the  Pancheta,  some  of  the  circumstances  attending  it  have  come  to 
my  knowledge. 

It  appears  that  this  privateer  has  been,  for  a  considerable  time, 
engaged  in  intercepting  our  vessels — frequently  boarding  them,  and 
exercising  an  intolerable  inquisition — vexatious  of  themselves, 
sufficient  to  call  for  a  remedy,  but  would  not  have  occasioned  any 
offensive  measures  on  the  part  of  American  cruisers.  The  instruc- 
tions given  to  our  commanders,  .confine  their  discretionary  powers 
within  limits  too  circumscribed,  to  admit  of  their  being  led  to  an  act 
of  indiscretion.  They  are  imperatively  commanded  to  do  nothing 
that  can  tend  to  interrupt  the  harmony  existing  between  the  United 
States  and  other  powers,  whose  maritime  rights  have  ever  been  re- 
spected, and  never  designedly  infringed. 

The  immediate  cause  of  the  Pancheta's  capture,  was,  her  having 
been  guilty  of  several  recent  acts  of  plunder  ;  and  her  having,  but 
a  short  while  previously  to  her  "mishap,"  taken  a  number  of  arti- 
cles from  an  American  trader,  to  which  the  captain  and  crew  made 
oath.  If  these  facts  are  as  represented,  and  I  am  induced  to  think 
they  will  be  incontrovertibly  established,  they  certainly  must  be  de- 
nominated acts  of  piracy  committed  upon  the  citizens  of  the  United 
States,  who  have  been  made  to  suffer,  in  their  property  and  feel- 
ings, by  these,  and  similar  outrages.  Add  to  these  causes,  on  being 
hailed,  she  fired  into  the  U.  S.  schr.  Grampus!  What  armed  ves- 
sel^ could  expect  to  fire  at  an*  American  Ship  of  War  with  impunity  '? 

These  circumstances,  when  the  affair  shall  be  judiciously  inves- 
tigated, I  am  inclined  to  think,  will  be  found  substantially  correct  ; 
if  otherwise,  there  is  an  equity  in  the  government  and  laws  of  the 
United  States,  that  never  was  appealed  to  in  vain.  There  is  a  sen- 
timent of  honour  and  generosity  "  in  the  American  people,  that 
will  sustain  the  injured,  be  he  friend  or  foe — that  will  redress  wrongs 
with  "  even-handed  justice." 

I  have  deemed  it  proper  to  make  this  statement,  with  a  view  te 


155 

nllay  the  sensations  of  \vhich  your  Excellency  speaks,  as  having 
been  excited  by  this  transaction  ;  sensations  I  have  had  occasion, 
myself  to  experience,  with  the  additional  aggravation  of  knowing 
that  the  authors  of  them,  lurking  in  obscurity,  were  sheltered  from 
personal  amenability,  while,  in  the  present  case,  your  Excellency 
nvist  feel  an  assurance,  that  the  standing  of  the  active  officer  in 
command  of  the  Grampus,  as  well  as  the  magnitude  of  the  affair, 
are  such,  HS  to  pa«s  them  in  review  of  the  whole  American  people, 
a  never  erring  ordeal  ;  that  laws,  and  not  individuals,  will  decide  as 
to  the  rriminality  of  the  cruise  of  the  Pancheta  ;  and  will  determine 
how  far  that  officer  was  justifiable  in  arresting  her  depredatory 
excursions. 

American  cruizers  have  been  sent  to  these  seas  to  protect  our 
trade  :  there  existed  a  crying  cause  —  the  means  of  mischief  were 
accumulating  —  impunity  had  produced  audacity,  and  the  ocean 
washing  the  shores  of  these  islands,  which  the  interest  of  the  world 
require  should  be  unprofaned  by  the  path  of  the  plunderer,  had 
become  the  theatre  of  outrage  and  rapine.  American  citizens  had 
suffered  in  their  properly  and  sacred  persons.  To  remedy  these 
evil-,  our  officers  will  be  active,  vigilant,  and  unweary  ;  producing, 
by  their  conduct,  a  conviction,  that,  when  acts  are  perpetrated, 
such  as  the  Pancheta  is  charged  with  having  committed,  there  is  no 
escape.  There  must  be  safety  in  peace,  or  its  best  objects  are  de- 
feated —  there  must  be  security  on  the  great  "  thoroughfare"  of  all 
nations  ;  otherwise  its  best  purposes  are  perverted. 

Persuaded  that  your  Excellency  will  not  consider  this  as  unrea- 
sonable, and,  that  you  will  seethe  consequences  I  have  pointed  out, 
as  the  inevitable  result  of  causes  herein  set  forth. 

I  remain,  with  the  most  perfect  consideration,  your  Excellency's 
obedient  servant,  ROBERT  T.  SPENCE, 

Captain  in  the  Navy. 

HisExc'y  Don  FRANCISCO  GONZALEZ  DE  LINAREZ, 
Governor  of  Porto  Rico,  #c  .  ft'c. 


U.  S.  SHIP  CYANE,  ST.  JOHN'S,  PORTO  Rico,  Sept.  !.«/,  1822. 

SIR  :  Your  letters  of  the  28th  and  31st  ultimo,  in  answer  to  se- 
veral communications  from  me,  have  been  duly  received  —  transla- 
tions of  which,  I  have  but  this  moment  been  able  to  obtain. 

In  relation  to  the  capture  of  the  Pancheta,  I  beg  permission  to  re- 
peat, that  it  must  be  considered  as  a  disaster  growing  out  of  the  un- 
justifiable conduct  of  htr  crew,  and  as  one  of  the  retributive 
results  of  an  abuse  of  her  cruizing  license. 

We  require,  that  our  lawful  commerce  shall  be  unmolested  ;  that 
our  vessels  shall  not,  from  frivolous  causes,  and  on  pretexts,  of 
which  ever)'  privateersman  constitutes  himself  a  judge,  be  inter- 
cepted, and  subjected  to  inquisitorial  scrutiny,  and  American  citi- 
xens  made  to  incur  intolerable  inconvenience  and  expense.  Evils 
like  these,  have  a  remedy,  which  the  most  forbearing  would  not  ex- 
pect should  remain  dormant. 


156 

I  am  convinced  your  Excellency  has  been  incorrectly  informed, 
as  to  the  treatment  of  the  crew  of  the  Pancheta,  which  you  repre- 
sent as  cruel,  and  unnecessarily  harsh.  The  officer  commanding 
the.  schooner  Grampus  is  well  known  lor  his  humane  feelings,  and  I 
am  persuaded  that  all  practicable  and  proper  mildness  was  exer- 
cised on  the  occasion. 

It  is  not  to  a  discussion  of  the  laws  and  principles  of '<  blockade," 
that  I  am  desirous  of  calling  your  excellency's  attention — they  are 
settled  and  established  by  the  concurrent  opinion  of  the  wisest 
statesmen,  and  are  no  longer  doubtful.  "  Blockade"  is  not  a  mys- 
tical arcanum;  it  involves  certain  practical  rules,  amply  explained, 
and,  1  am  persuaded,  well  and  fully  understood  by  your  excellency. 

It  was  to  invite  a  just  application  to  these  principles,  according 
to  the  acknowledged  usages  of  the  age,  that  I  was  led  to  present  the 
subject  to  your  Excellency's  attention  ;  thereby  to  prevent  the 
seizure  of  our  vessels,  and  to  do  away  a  pretext,  often  alleged,  for 
sending  them  in  for  adjudication. 

It  was  presumed,  that  your  excellency's  powers  extended  to  the 
correction  of  evils,  existing  within  the  range  of  your  ciuthority  ; 
that  you  had  the  means  of  checking  the  licentiousness  of  privateer- 
ing, and  that,  seeing  the  pernicious  effects  of  it,  would  feel  every 
disposition  to  shield  the  commerce  of  the  United  States,  by  the  in- 
terposition of  seasonable  restraints. 

While  I  feel  confident,  that  your  Excellency  will  adopt,  with 
promptitude,  measures  calculated  to  ascertain  the  extent  of  the 
grievances  set  forth  in  my  communication  of  the  28th  ultimo,  I 
must  beg  leave,  again  to  repeat  the  expression  of  my  hope  and  ex- 
pectation, that  you  will  cause  all  American  vessels,  now  illegally 
detained  in  the  ports  of  this  island,  forthwith  to  be  released,  and 
equitable  damages  awarded  such  of  the  citizens  of  the  United  States, 
as  h  ive  suffered,  either  in  property  or  person. 

The  well  known  character  of  your  Excellency,  for  wisdom  and 
justice,  inclines  me  to  believe,  that  these  expectations  will  appear, 
reasonable  and  right,  and  that  they  will  be  fully  and  satisfactorily 
realized  by  your  Excellency's  obedient  servant, 

ROBERT  T.  SPENOE,  Captain  in  ike 
His  Excellency  Dow  FRANCISCO  GONZALEZ  DE  LINAREZ, 
Governor  of  Porlo  Rico,  £c.  i:c. 


United  Slates'  ship  Cyane,  St.  John's,  Porto  Rico,  September  3d,  1822. 

SIR  :  I  have  had  the  honour  to  receive  several  communications 
from  your  Excellency,  in  reply  to  letters  addressed  to  you  on  sub- 
jects of  very  considerable  moment. 

Your  professions  of  respect  for  the  laws  of  nations,  and  your  de- 
termination of  making  them,  and  the  laws  of  the  "  constitutional 
monarchy  of  Spain,"  your  guides;  and  the  intention  you  express 
of  inquiring  into  the  matters  set  forth  in  my  official  representations, 
&o  &:c.  are  all  properly  appreciated,  and  will,  doubtless,  prove 
highly  efficacious.  The  laws  of  Spain,  no  doubt,  are  all  which  the 


157 

accumulated  experience  of  ages,  nnd  the  united  wisdom  of  sage  men, 
can  make  them  ;  and,  it'  administered  hy  one  of  your  Excellency's 
impartiality,  would,  I  am  persuaded,  afford  no  good  cause  of  com- 
plaint. 

I  had  the  honour,  a  few  days  since,  to  present,  for  the  considera- 
tion of  your  Excellency,  some  of  the  proceedings  and  decisions  of 
the  constituted  tribunals  of  the  Island — whether  such  are  just  or 
legal,  your  Excellency  can  decide — to  me  they  seem  novel,  and 
extraordinary;  and,  with  a  knowledge  of  some  of  the  minor  circum- 
stances attending  those  vexatious  trials,  I  cannot  refrain  from  saving 
they  appear  strange. 

1  am  sure  your  Excellency  will  deem  it  due  to  the  dignity  of  the 
"  constitutional  monarchy"  you  represent,  to  cause  American  citi- 
zens to  be  indemnified  for  the  loss  sustained  by  such  adjudications 
as  your  Excellency  has  been  invited  to  investigate.  It  is  but 
right  and  just  to  expect  this  of  the  laws  of  Spain  ;  and  while  1  in- 
dulge a  belief  that  such  will  be  the  course  pursued,  I  am  led  to  call 
your  attention  to  the  policy  of  doing  away  all  future  occasion  of 
dissatisfaction,  by  rendering  the  owners,  or  captains,  of  the  priva- 
teers out  of  Porto  Rico,  more  accountable. 

la  my  letter  of  the  29th  ultimo,  I  requested  that  your  Excellen- 
cy would  do  me  the  honour  to  state  how  far  these  privateers  are 
authorized  by  the  authorities  of  the  Island,  to  capture  and  bring  in 
for  adjudication,  vessels  of  the  United  States  engaged  in  the  pursuit 
of  a  lawful  commerce.  This  information  your  Excellency  has  not 
thought  proper  to  afford. 

From  the  facility  with  which  these  small  privateers  are  fitted  out, 
and  from  the  description  of  persons  on  board  some  of  them,  it  has 
occurred  to  me,  that  they  are  not  m;ide  to  enter  into  penal  bond,  to 
restrain,  and  produce  responsibility,  for  the  excesses  they  may 
commit,  hut  are  left  to  cruize  "  ad  libitum."  Under  such  circum- 
stances, transgressions  are  inevitable. 

It  is  against  the  aggressions  of  such  vessels,  I  remonstrate — pro- 
testing against  the  improper  privilege  they  have  exercised,  of  inter- 
cepting and  detaining,  on  the  high  ?eas,  vessels  of  the  United  States 
engaged  in  a  lawful  trade.  And  it  becomes  necessary  for  me  to 
inform  your  Excellency,  and  wish  it  should  be  known  to  all  whom  it 
may '-concern,  that,  with  a  view  to  prevent,  as  far  as  practicable,  a 
state  of  things  fraught  with  mischief  and  abuse  ;  to  guard  against  a 
maritime  anarchy,  to  which  the  commerce  of  the  United  States 
cannot  be  subjected  ;  to  secure  to  its  citizens  safety,  and  to  its  li^ 
the  benefits  of  peace  and  neutrality  ;  and  to  preserve  the  harmony 
my  Government  is  desirous  should  exist  between  the  two  nations  ; 
1  shall,  as  far  as  possible,  give  convoy  to  American  vessels  navi- 
gating these  seas,  and  shall  forbid,  and  prevent,  any  interruption 
or  detention  by  anv  privateer  or  armed  vessel,  and  shall  feel  it  in- 
cumbent on  me  to  treat  as  an  enemy,  and  send  to  the  United  States, 
any  privateer,  or  armed  vessel,  that  shall  cause  hindrance  to  the 


158 

lawful  voyage  of  an  American  vessel,  or  shall   be  found  violating 
the  flag  of  the  United  States,  and  the  laws  of  nations. 

Satisfied  that  your  Excellency  will  look  upon  this  course  of  con- 
duct as  moderate,  and  unavoidable,  I   remain 

Your  Excellency's  very  obedient  servant, 

ROBERT  T.  SPENCE,  Captain  in  the  Navy. 
His  Excellency  DOB  FRANCISCO  GONZALEZ  DE  LINARKZ, 

Governor  of  Porto  Rico. 


No.  I. 

[TRANSLATION.] 
Don  Fr.  Gonss.  de  Ltnarez  to  Captain  Sptnce. 

SIR  :  On  the  receipt  of  your  official  letter,  informing  me,  gener- 
ally, of  the  depredations  and  excesses  committed  by  the  Spanish 
privateers  of  this  Island,  upon  the  vessels  of  the  United  States,  as  I 
was  informed,  and  in  particular,  upon  the  brigantine  General  Andrew 
Jackson,  by  the  Pereira,  I  resolved  to  take  the  first  care  with  re- 
spect to  the  last,  by  the  information  of  an  individual  of  that  Nation, 
Mr.  Judah  Lord. 

My  answers  to  this  gentlemen  shewed  him  my  surprise,  and  the 
just  indignation  which  so  unlawful  a  transgression  of  the  law  of  na- 
tions had  excited  in  this  government ;  the  precautions  which  it  took; 
to  prove  its  truth  ;  and  the  justice  which  animated  it  to  punish  the 
crime  with  all  the  rigour  of  the  Spanish  laws  ;  laws  capable  of  them- 
selves of  what  he,  on  his  part,  can  desire. 

The  same,  therefore,  that  I  said  to  Mr.  Lord  I  repeat  to  you  ; 
animated  with  the  same  principles  and  sentiments  which  govern  the 
conduct  of  the  supreme  government  of  the  Spanish  nation,  and 
which  form  its  character,  acknowledged  by  all  the  nations  of  the 
earth. 

But  I  am  certain  that  you  have  not  been  well  informed  regarding 
the  destruction  and  spoliations  generally  committed  upon  all  Ameri- 
can vessels.  I  have  the  most  repeated  proofs  of  the  regular  con- 
duct of  the  Spanish  privateers  towards  these  vessels,  which  they  have 
examined  and  respected  in  very  considerable  numbers,  showing  to 
the  world  that  they  are  not  desperadoes,  because  they  know  not 
what  it  means,  nor  thieves  because  they  are  Spaniards. 

Would  to  God  that  some  vessels  of  the  military  marine  of  the 
United  States,  had  observed  towards  Spanish  vessels,  and  towards 
the  national  military  flag,  a  conduct  so  regular  !  I  am  certain  that 
then  there  would  not  have  been  the  disagreeable  sensations  which 
BOW  exist  from  it. 

When  1  speak  to  you,  sir,  in  this  manner,  1  do  it  with  respect  to 
the  scandalous  attack  made' by  the  United  States  schooner  of  war 
the  Grampus,  upon  the  Spanish  privateer  the  Palmyra,  which  she 
attacked  in  the  midst  of  peace,  killed  and  wounded  several  of  her 
crew, -treated  with  indignity  the  Spanish  flag,  confined  in  chain*  the 
greater  part  of  her  crew,  and  that  at  the  very  moment  when  an  offi- 


cer  was  about  going  on  board  of  her  to  present  her  papers,  and  to 
comply  with  the  hi\v  of  nations.  , 

You  will  perhaps  be  informed  of  this  attack,  seldom  seen  in  the 
history  of  civilized  nations  ;  and  no  doubt  if  you  have  been  so  with 
truth,  as  1  am,  you  will  have  had  the  same  horror  and  disgust ;  be- 
cause it  is  impossible  otherivise  to  consider  the  most  sacred  con- 
ventions trampled  upon,  and  the  majesty  of  a  nation  insulted  ;  of  a 
nation  which  has  always  preserved  her  rights,  and  which,  oftener 
than  once,  has  given  public  proofs  of  her  constancy,  and  of  her  ne- 
Ter  having  been  offended  with  impunity. 

For  my  part,  with  respect  to  this  event,  I  do  nothing  else  but 
point  it  out  to  you  as  a  particular  piece  of  news,  because  its  deci- 
sion belongs  to  the  supreme  government  of  both  nations.  As  a 
functionary  of  mine,  I  will  not  depart  from  the  path  which  it  has 
pointed  out  to  me  ;  justice  shall  always  be  my  guide.  1  shall  re- 
spect the  laws  of  nations  ;  and  I  shall  punish,  with  the  laws  in  my 
hand,  such  Spanish  subjects  as  shall  transgress  their  duties. 

God  preserve  you  many  years. 

Porto  Rico,  Zith  Aug.  1822.        FR.  GONZ.  DE  LINAREZ. 


No.  2. 

[TRANSLATION] 

Don  Francisco  Gonzalez  de  Linares  to  Captain  Spence,  Porto  Rico,  28/A  Au- 
gust, 18^2. 

SIR  :  I  have  just  seen  your  official  letter  of  yesterday,  relative 
to  the  depredations  which  are  said  to  have  been  committed  by  Span- 
ish privateers  against  the  vessels  of  the  United  States. 

As  this  communication  is  substantially  the  same  as  the  former,  it 
appears  only  necessary  to  repeat  my  yesterdayrs  answer  ;  but,  wish- 
ing to  give  you  new  proofs  of  the  justice  and  good  faith  of  the  Span- 
ish government,  I  will  enter  into  new  explanations. 

I  am  persuaded  that  the  armed  privateers  of  this  island  have  not 
committed,  upon  the  vessels  of  the  United  States,  the  scandalous 
crimes  with  which  your  personal  concern  has  been  raised,  or  a  mis- 
take has  entered  into  your  mind.  They  have  been  examined  by 
many,  and  have,  without  the  least  injury,  continued  their  voyages  ; 
and  doubtless,  in  a  short  time,  you  will  be  convinced  of  a  truth  so 
notorious. 

I  only  speak  of  the  privateers  armed  in  this  island,  and  am  very 
far  from  making  an  apology  for  those  that  have  been  armed  in  other 
provinces,  because  I  am  ignorant  of  their  conduct ;  and  although  it 
may  have  been  criminal  in  this  manner,  it  belongs  not  to  my  autho- 
rity to  punish  them. 

But  if  it  is  very  strange  that,  even  when  there  were  some  trifling 
excesses,  energetical  remonstrances  were  made  for  them  ;  and  the 
attack  of  the  American  schooner  Grampus  has  been  passed  over  in. 
silence,  or  considered  as  a  circumstance  of  no  moment,  in  which, 
the.  particular  circumstance  occurred  of  her  belonging  to  the  Navy 
*f  the  United  States  :  what  comparison  can -ever  exi?t  between  the 


160 

detention  of  a  vessel,  and  even  committing  some  pitiful  and  con- 
temptible depredation  (if  such  has  been  done)  and  the  attack  of  the 
other,  to  destroy  her  in  a  perfidious  manner,  to  cause  the  death, 
and  imprisonment  of  the  crews  in  chains  ;  and  what  is  more,  insult- 
ing and  trampling  upon  the  Spanish  military  flag!  Who  ever  so 
openly  violated  the  maritime  law  of  nations  ?  And  who,  after  such 
a  violation,  will  attempt  to  declaim  against  injuries  either  imaginary 
or  immensely  less ! 

In  fine,  the  peace  between  two  nations,  as  Spain  and  that  to  which 
you  belong,  Sir,  is  a  blessing  for  the  preservation  of  which  1  am 
ready  to  become  a  sacrifice  ;  therefore  I  do  not  hesitate  to  assure 
you  that  the  laws  will  be  enforced  in  as  far  as  they  have  been 
transgressed  ;  and  therefore  I  consider  myself  entitled  to  require 
the  same  frankness  and  consideration  from  you,  notwithstanding  my 
having  explained  myself  so  rudely  ;  because  our  respective  gov- 
ernments will  do  what  they  think  proper,  and  will  do  what  is  most 
just  for  the  well  being  of  their  people. 

God  preserve  you  many  years. 

FR.  GONZALEZ  DE  L1NAREZ. 

No.  3. 

[TRANSLATION.] 
Don  Francisco  Gonzalez  de  Linares  to  Captain  Spenct. 

PORTO  Rico,  August  31,  1822. 

SIR  :  I  have  the  honour  to  answer  the  notn  which  you  were 
pleased  to  address  to  me,  under  date  of  28th  instant,  relative 
to  the  indemnification  which  ought  to  be  made  to  the  American  ves. 
sels  detained  by  privateers  of  this  island,  and  condemned  to  pay 
costs,  after  being  declared  innocent  by  the  court*  of  justice  ;  and, 
also,  relative  to  the  nullity  an  1  illegality  of  the  blockade  declared 
against  the  ports  of  Terra  Firma,  for  the  reasons  which  you  are 
pleased  to  give  as  your  opinion. 

The  principles  established  by  the  maritime  law  of  civilized  na- 
tions are  not  unknown  to  me,  nor  the  causes  which  have  influenced 
the  declaration  of  blockade  against  the  ports  occupied  by  the  in- 
surgents ;  nor  even  the  maritime  military  force  by  which  this  de- 
claration can  be,  and  has  been,  supported  ;  yet,  as,  on  one  hand, 
my  authority  being  circumscribed  to  a  province,  at  a  distance  from 
those  places,  has  no  influence,  nor  can  have,  in  any  official  acts  ; 
and,  on  the  other,  subjects  of  this  nature  belong,  by  their  character, 
to  the  examination  and  decision  of  the  supreme  governments  of  the 
nations,  it  is  my  duty  to  avoid  -ill  interference  in  them,  and  to  con- 
fine myself  to  the  circle  of  my  functions. 

I  have  before  me  the  note  which  you  were  pleased  to  enclose  to 
me  in  your  said  official  letter,  containing  the  vessels  detained,  with 
the  circumstances  in  which  they  have  been,  and  the  consequences 
which  have  ensued.  I  oxve  it  to  the  justice,  to  the  unalterablenesa 
of  my  principles,  and  to  the  rectitude  of  the  government  which  I 
™ present,  to  dechre  to  you  that  I  shall  take  all  the  provisions  within 


161 

my  power,  to  elicit  the  truth  of  what  has  occurred  with  respect, 
to  the  detained  vessels,  repeating,  that  you  may  rest  assured, 
that  the  laws  of  the  kingdom  shall  judge  and  decide  upon  them, 
without  the  possibility  of  any  alteration  in  their  legitimate  appli- 
cation. Neither  partiality  nor  personal  interest,  nor  the  passions, 
shall  have  any  voice,  or  take  any  part  in  the  decisions  :  the  law 
shall  dictate,  and  all  (I  the  first)  shall  submit  to  it.  God  preserve 
you  many  years, 

FRANCIS.  GONZALEZ  DE  LINAREZ. 


No.  4. 

[TRANSI.ATIOW. 
Don  Francisco  Gonzalez  de  Linarez  to  Captain  Spence. 

SIR  :  I  have  just  received  the  translation  of  your  official  note  of 
the  29th  ult,  and  which  is  an  answer  to  mine  of  the  27th,  contain- 
ing, also,  the  former  acknowledgment  of  the  letter  of  the  interpreter 
de  Ponce,  which  was  communicated  to  me  by  Mr.  Lord,  a  citi- 
zen of  the  United  States  ;  and  now  recently  of  the  declaration  of 
Mr.  Arthur  Edgarton,  mate  of  the  brig  Andrew  Jackson,  in  which 
I  have  had  the  pleasure  of  reading  that  he  and  his  companions,  de- 
tained on  board  the  privateer,  had  been  well  treated. 

You  will  be  pleased,  sir,  to  let  me  know  the  things  which  have 
been  plundered  from  the  detained  vessel,  and  claim  the  damages 
which  have  ensued  on  her  detention.  I  have  taken  all  the  mea- 
sures which  were  in  my  power,  for  eliciting  the  truth  of  the  facts, 
in  the  manner  provided  by  the  laws  of  Spain  ;  and  when,  according 
to  them,  the  delinquents  are  tried  and  convicted,  they  shall  be 
punished  ;  then  the  tribunals  established  by  the  constitutional  law 
of  the  monarchy  will  take  cognizance,  to  which  the  power  of  judg- 
ing and  applying  the  laws,  is  exclusively  granted — principles  from 
which  it  is  impossible  for  me  to  deviate,  as  it  is  with  respect  to 
those  which  rule  in  the  United  States,  for  any  functionary  to  devi- 
ate from  them. 

You  may  rest  assured,  that,  if  the  authorities  appointed  there  to 
try  crimes  of  this  class,  are  inexorable  in  their  conduct,  admitting 
nothing  but  law  and  justice,  those  which  are  in  the  territory  of  the 
constitutional  monarchy  of  Spain,  summoned  for  that  purpose,  will 
never  yield  in  their  principles  of  justice,  and  in  the  fulfilment  of 
their  duties.  To  them  it  belongs  to  try  by  the  laws,  and  to  apply 
them,  and  to  the  political  government  of  the  people  to  enforce  the 
execution  of  the  legal  decisions  of  the  judicial  power,  and  to  watch 
over  the  observance  of  the  laws,  by  taking  care  that  no  one  break 
them. 

God  preserve  you  many  years. 

FRANCISCO  GONZALEZ  DE  LINAREZ. 
PORTO  Rico,  1st  September,  1822. 

21 


162 

No.  5. 

[TRANSLATION.] 

Don  Francisco  Gonzalez  de  Linarez  to  Captain  Spencc. 

SIR :  Your  official  note  of  the  30th  ult.  has  informed  me  of  the 
intelligence  which  has  reached  you  of  the  motives  which  the  schr. 
Grampus  had  for  the  hard  and  unexpected  treatment  of  the  Spanish 
privateer,  the  Palmyra. 

My  former  communications  have  shown  you  what  my  principles 
are,  and  what  my  conduct  has  been  in  this  matter,  as  a  faithful  ob- 
server of  the  fundamental  laws  of  the  Spanish  Monarchy.  The 
truth  of  what  has  happened  in  that  capture,  \vill  be  the  result  of  a 
legal  investigation,  in  which  sinister  informations,  which  partiality 
or  personal  interest  often  dictate,  have  no  part.  When  that  shall 
have  been  elucidated  in  the  way  which  the  laws  require,  our  su- 
preme government  will  decide  with  justice  what  is  proper. 
God  preserve  you  many  year*. 

FRANCISCO  GONZALEZ  DE  LINAREZ. 

PORTO  Rico,  Sept.  2nd,  1822. 


[TRANSLATION.]  . 
Don  Franciico  Gonzalez  to  Captain  Spence. 

SIR  :  I  have  the  honour  to  answer  your  official  note  of  the  1st 
inst.  Its  object  is — 1st,  The  good  conduct  of  the  schooner  Gram- 
pus in  the  capture  of  the  Pancheta  ;  2d,  The  necessity  under  which 
the  government  is  of  putting  a  stop  to  the  operations  and  irregular 
conduct  of  the  privateers  towards  American  vessels  ;  3d,  To  pro- 
cure the  immediate  liberation  of  those  that  may  have  been  detain- 
ed in  the  ports  ;  4th,  Prompt  indemnification  for  the  losses  they 
have  sustained.  >, 

On  making  the  enumeration  of  these  matters,  I  must  call  your 
attention  to  my  former  answers,  because  they  have  already  bceiv 
treated  of  in  them  implicitly  and  explicitly.  Notwithstanding,  I 
will  repent  to  you  that  the  decision  upon  the  justice  or  injustice, 
the  validity  or  invalidity,  the  legality  or  illegality,  of  the  blockade 
on  the  coast  of  Terra  Firma,  is  beyond  my  authority  :  that  the  pri- 
vateers are  infermed  by  the  ordinances  of  their  cruise  of  their  re- 
spective obligations,  for  the  transgression  of  which  they  will  be  re- 
sponsible, and  punished  by  the  laws,  in  the  same  manner  as  in  si- 
milar cases  the  privateers  of  the  United  States  would  be  by  the  jus- 
tice of  the  government,  if  they  should  transgress  the  limits  which 
should  be  prescribed  to  them,  but  without  this  transgression  they 
should  not  be  responsible  :  lastly,  that,  by  the  political  constitution 
of  the  Spanish  Monarchy,  the  functions  of  the  judicial  power  are 
clearly  designated,  the  government  being  totally  prohibited  from 
being  joined  with  them  ;  and  one  of  the  great  props  of  civil  liberty 
consisting  in  this  clear  separation.  To  preserve  interior  tran- 
quillity and  security  ;  to  procure  public  prosperity  ;  to  maintain 
established  order  ;  to  watch  over  the  observance  of  the  laws  ;  to 


publish  them  ;  to  cause  the  execution  of  the  decision?  of  the  courts 
of  justice,  to  be  in  all  its  parts  an  agent  of  the  Government — here, 
sir,  you  may  see  the  circle  of  my  functions. 
God  preserve  you  m.my  years. 

FRANCISCO  GONZALEZ  DE  LINAFxEZ. 
PORTO  Rico,  9lh  Sept.  1822. 

Zx  tract  of  a  letter  from  Captain  Robert  T.  Spence,  commander  of  the  United 
Slates  ship  Cyane,  to  the  Stcretary  of  the.  Nary,  dated  St.  John's,  Porto  Rico, 
September  5/A,  1822. 

'•Since  my  letter  of  the  3d  instant,  transmitting  my  correspon- 
dence, 1  have  had  a  conversation  with  the  governor,  who  begs  ine 
to  be  assured,  that  all  he  can  do,  shall  be  done  to  meet  my  wishes, 
in  relation  to  the  privateers  fitted  out  of  the  Inland  ;  that  those  al- 
ready out  were  equipped  before  he  assumed  the  government  ;  that 
he  is  opposed  to  it,  both  in  his  private  and  public  capacity  ;  that 
future  restraints  shall  he  placed  upon  them  ;  and  that  he  will  re- 
medy all  abuses,  as  far  as  he  has  the  power.  That  the  brig  An- 
drew Jackson  he  had  ordered  to  be  set  at  liberty  ;  that  he  should 
inquire  into  the  cau«e  of  her  detention,  and,  unless  good  and  suffi- 
cient reasons  can  be  given,  he  will  take  steps  to  cause  the  judge  to 
be  removed.  In  fine,  that  he  will  do  his  utmost  to  keep  the  laws 
of  nations  inviolate.  That,  upon  the  subject  of  blockade  he  can  do 
nothing  ;  it  was  a  question  that  must  be  settled  between  the  two 
governments  ;  the  blockade  had  been  declared  by  General  Morillo, 
it  was  recognized,  and  the  consequences  of  violating  it  were  inev- 
itable ;  over  this  question  he  had  no  controul." 


List  of  the  Names  and  Force  of  the  Prioaleers  fitted  out  from  the  various  Ports 
of  the  Island  of  Porto  Rico. 

PalomQ — A  full  rigged  brig,  pierced  for  twenty  guns,  carries  six 
gun?  (18lb.  carronades)  has  a  complement  of  one  hundred  and  thir- 
ty men.  Fitted  out  from  this  port,  and  now  on  a  cruise. 

Pancheta — An  hermaphrodite  brig,  pierced  for  sixteen  guns,  car- 
ries ten  to  twelve  guns,  has  a  complement  of  one  hundred  and  twen- 
ty men — captured  by  the  Grampus. 

Schooner  General  Pereira — Pierced  for  sixteen  gun*,  carries  six 
to  eight  guns,  and  has  a  complement  of  eighty  men  ;  is  fitted  out 
from  this  place,  and  now  in  this  port. 

Schooner  Bruquena — Carries  four  guns  and  fifty  to  sixty  men  ; 
fitted  out  from  this  port,  and  now  on  a  cruise. 

Schooner  Hora  de  la  Mar — Fitted  out  from  Faxardo,  and  now  on  a 
cruise  :  carries  one  gun  and  forty  men. 

Flechera  la  Carmen — Fitted  out  from  Porto  Cabello  ;  carries  four 
guns,  and  a  complement  of  fifty  men. 

Besides  the  above,  there  are  I  am  informed)  three  or  four  other 
small  privateers,  from  the  different  ports  of  this  Island,  of  the  names 
-tad  force  of  which  1  have  no  knowledge. 


164 


Official  Communications  from  the  Department  to  Com- 
modore Porter. 


A. 

NAVY  DEPARTMENT,  February  1,  1823. 

SIR  :  You  have  been  appointed  to  the  command  of  a  squadron, 
fitted  out  under  an  act  of  Congress  of  the  20th  of  December  last, 
to  cruise  in  the  West  India  Seas  and  Gulf  of  Mexico,  for  the  pur- 
pose of  suppressing  piracy,  and  affording  effectual  protection  to 
the  citizens  and  commerce  of  the  United  States.  Your  attention 
will  also  be  extended  to  the  suppression  of  the  slave  trade,  accord- 
ing to  the  provisions  of  the  several  acts  of  Congress  on  that  subject ; 
copies  of  which,  and  of  the  instructions  heretofore  given  to  our  na- 
val commanders  thereon,  are  herewith  sent  to  you.  While  it  is 
your  duty  to  protect  our  commerce  against  all  unlawful  interrup- 
tion, and  to  guard  the  rights,  both  of  person  and  property,  of  the 
citizens  of  the  United  States,  wherever  it  shall  become  necessary, 
you  will  observe  the  utmost  caution  not  to  encroach  upon  the  rights 
of  others  ;  and  should  you,  at  any  time,  be  brought  into  discussion 
or  collision,  with  any  foreign  power,  in  relation  to  such  rights,  it 
will  be  expedient  and  proper  that  the  same  should  be  conducted 
with  as  much  moderation  and  forbearance  as  is  consistent  with  the 
honour  of  your  country  and  the  just  claims  of  its  citizens.  Should 
you,  in  your  cruise,  fall  in  with  any  foreign  naval  force,  en- 
gaged in  the  suppression  of  piracy,  it  is  desirable  that  harmony  and 
a  good  understanding  should  be  cultivated  between  you  ;  and  you 
will  do  every  thing  on  your  part,  that  accords  with  the  honour  of 
the  American  flag,  to  promote  this  object.  So  soon  as  the  vessels 
at  Norfolk  shall  be  ready  for  sea,  you  will  proceed  to  the  West 
Indies,  by  such  route  as  you  shall  judge  best  for  the  purpose  of  ef- 
fecting the  object  of  your  cruise.  You  will  establish,  at  Thomp- 
son's Island,  usually  called  Key  West,  a  depot,  and  land  the  ord- 
nance and  marines  to  protect  the  stores  and  provisions  ;  if,  how- 
ever, you  shall  find  any  important  objection  to  this  place,  and  a 
more  suitable  and  convenient  one  can  be  found,  you  are  at  liberty 
to  select  it  as  a  depot. 

You  will  announce  your  arrival  and  object  to  the  authorities, 
civil  and  military,  of  the  Island  of  Cuba,  and  endeavour  to  obtain, 
as  far  as  shall  be  practicable,  their  co-operation,  or  at  least  their 
favourable  and  friendly  support,  giving  them  the  most  unequivocal 
assurance,  that  your  sole  object  is  the  destruction  of  pirates.  The 
system  of  piracy  which  has  grown  up  in  the  West  Indies,  has  ob- 
viously arisen  from  the  war  between  Spain  and  the  New  Govern- 
ments, her  late  provinces,  in  this  hemisphere,  and  from  the  limited 
force  in  the  Islands,  and  their  sparse  population,  many  portions  of 
each  being  entirely  uninhabited  and  desolate,  to  which  the  active 
authority  of  the  Government  does  not  extend.  It  is  understood 
that  establishments  have  been  made  by  parties  of  those  banditti,  in 


uninhabited  parts,  to  which  they  carry  thc>ir  plunder,  and  re- 
heat  in  time  of  danger.  It  cannot  be  presumed  that  the  Govern- 
ment of  any  island  will  afford  any  protection  or  countenance  to  such 
robbers.  It  may,  on  the  contrary,  confidently  be  believed,  that  all 
Government-,  and  particularly  those  most  exposed,  will  afford  all 
means  in  their  power  for  their  suppression. 

Pirates  are  considered,  by  the  law  of  nation*,  the  enemies  of  the 
human  race.  It  id  the  duty  of  all  nations  to  put  them  down  ;  and 
none,  who  respect  their  own  character  or  interest,  will  refuse  to 
do  it,  much  less  afford  them  an  asylum  and  protection.  The  nation 
that  makes  the  greatest  exertions  to  suppress  such  banditti,  has  the 
greatest  merit.  In  making  such  exertions,  it  has  a  right  to  the  aid 
of  every  other  power,  to  the  extent  of  its  means,  and  to  the  enjoy- 
ment, under  its  sanction,  of  all  its  rights  in  the  pursuit  of  the 
object. 

In  the  case  of  belligerents,  where  the  army  of  one  party  enters 
the  territory  of  a  neutral  power,  the  army  of  the  other  has  a  right 
to  follow  it  there.  In  the  case  of  pirates,  the  right  of  the  armed 
force  of  one  power  to  follow  them  into  the  territory  of  another,  is 
more  complete.  In  regard  to  pirates,  there  is  no  neutral  parly, 
thfv  bring  the  enemies  of  the  human  race  ;  all  nation?  are  parties 
.i^am^t  th»iin,  and  may  be  considered  as  allies.  The  object  and  in- 
tention of  our  Government  is,  to  respect  the  feelings  a*  well  as  the 
rights  of  others,  both  in  substance  and  in  form,  in  all  the  measures 
which  may  be  adopted  to  accomplish  the  end  in  view.  Should, 
therefore,  the  crews  of  any  vessels  which  you  have  seen  engaged 
in  nets  of  piracy,  or  which  you  have  just  cause  to  suspect  of  being 
of  that  character,  retreat  into  the  ports,  harbours,  or  settled  parts 
of  the  island,  you  may  enter,  in  pursuit  of  them,  such  ports,  har- 
bours, and  settled  parts  of  the  country,  for  the  purpose  of  aiding 
the  local  authorities,  or  people,  as  the  case  may  be,  to  seize  and 
bring  the  offenders  to  justice,  previously  giving  notice  that  this  a 
your  sole  object. 

Where  a  Government  exists,  nnd  is  felt,  you  will,  in  all  instance?, 
respect  the  local  authorities,  and  only  act  in  aid  of,  and  co-opera- 
tion with  them  ;  it  being  the  exclusive  purpose  of  the  United 
States  to  suppress  piracy,  an  object  in  which  all  nations  are  equal- 
ly interested  ;  and,  in  the  accomplishment  of  which,  the  Spanish 
authorities  and  people  will,  it  is  presumed,  cordially  co-operate, 
with  you.  If,  in  the  pursuit  of  pirates,  found  at  sea,  they  shall  re- 
treat into  the  unsettled  parts  of  tho  islands,  or  foreign  territory,  you 
are  at  liberty  to  pursue  them,  so  long  only  as  there  is  reasonable 
prospect  of  being  able  to  apprehend  them  ;  and  in  no  case  are  you 
at  liberty  to  pursue  and  apprehend  any  one,  after  having  been  for- 
bidden so  to  do  by  competent  authority  of  the  local  government. 
And,  should  you,  on  such  pursuit.  Apprehend  any  pirates  upon  land, 
you  will  deliver  them  over  to  the  proper  authority,  to  be  dealt  with 
according  to  law,  and  you  will  furnish  such  evidence  as  shall  be  in 
your  power,  to  prove  tho  offence  alleged  against  them.  Should 


163 

the  local  authorities  refuse  to  receive  and  prosecute  such  persons, 
so  apprehended,  on  your  furnishing  them  with  reasonable  evidence 
of  their  guilt,  you  will  then  keep  them,  safely  and  securely,  on 
board  some  of  the  vessels  under  your  command,  and  report,  with- 
out delay,  to  this  Department,  the  particular  circumstances  of  such 
ca^es.  Great  complaints  are  made  of  the  interruption  and  injury 
to  our  commerce,  by  privateers  fitted  out  from  Spanish  ports.  You 
will  endeavour  to  obtain,  from  the  Spanish  authorities,  a  list  of  the 
vessels  so  commissioned,  and  ascertain  how  far  they  have  been  in- 
structed to  intercept  our  trade  with  Mexico  and  the  Colombian  Re- 
public, impressing  upon  them,  that,  according  to  the  well-settled 
rule  of  the  law  of  nations,  the  United  States  will  not  consider  any 
portion  of  coast  upon  the  Gulf  of  Mexico  as  legally  blockaded,  ex- 
cept where  a  naval  force  is  stationed,  sufficient  to  carry  into  effect 
the  blockading  order  or  decree;  and  that  this  Government  does 
not  require  the  right  or  authority  of  Spain  to  interdict,  or  interrupt 
our  commerce  with  any  portion,  of  the  coast  included  within  the 
Colombian  Republic  or  Mexican  Government,  not  actually  blocka- 
ded by  a  competent  force. 

All  the  United  States'  ships  and  vessels  of  war  in  the  West  In- 
dies', of  which  a  list  is  herewith  enclosed,  are  placed  under  your 
command,  and  you  will  distribute  them  to  such  stations  as  shall  ap- 
pear to  you  best  calculated  to  afford  complete  protection  to  our 
commerce,  in  which  you  will  embrace  the  object  of  protecting  the 
convoy  of  specie  from  Vera  Cruz,  and  the  Mexican  Coast,  general- 
ly, to  the  United  States.  Keep  one  vessel,  at  least,  upon  this  ser- 
vice, to  be  at  or  near  Vera  Cruz  during  the  healthy  season  of  tho 
year,  and  to  be  relieved  as  occasjon  shall  require,  both  for  the  con- 
voy of  trade,  and  to  bring  specie  to  the  United  States,  confining  the 
transportation  to  the  United  States  only.  You  will  be  particularly 
watchful  to  preserve  the  health  of  the  officers  and  crews  under 
your  command,  and  to  guard,  in  every  possible  manner,  against  the 
unhealthiness  of  the  climate,  not  permitting  any  intercourse  with 
the  shore  where  the  yellow  fever  prevails,  except  in  cases  of  abso- 
lute necessity  Wishing  you  good  health,  and  a  successful  cruize, 

1  am,  very  respectfully,  your  obedient  servant, 

SMITH  THOMPSON. 

Com.  DAVID  PORTER,  Comm'rf'g  U.  S.  Naval  Force,  West  India. 


Laws  of  the  United  States  relative  to  the  Slave  Trade. 

Resolution  adopted  by  the  House  of  Representatives,  February  8th,  1823. 

Resolved,  That  the  President  of  the  United  States  be  requested 
to  enter  upon,  and  prosecute,  from  time  to  time,  such  negotiations 
with  the  several  maritime  powers  of  Europe  arid  America,  as  he 
may  deem  expedientfor  the  effectual  abolition  of  the  African  Slave- 
Trade  ;  and  its  ultimate  denunciation,  as  piracy,  under  the  law  of 
nations,  by  the  consent  of  the  civilized  world. 


167 

An  ACT  ti>  prohibit  the  carrying  on   the  Slave-Trade  from  the  United  States 
to  any  foreign  place  r^CJbuntry.       [Laws  of  the  U.  S.  vol.  2,  p.  388.J 

[SKCT.  I.J  Be  it  enacted  by  the  Senate  and  House  oj  Representa- 
tives of  the  United  States  of  America  in  Congress  assembled,  That 
no  citizen  or  citizens  of  the  United  States,  or  foreigner,  or  any 
other  person  coming  into,  or  residing  within  the  same,  shall,  for 
himself  or  any  other  person  whatsoever,  either  as  master,  factor, 
or  owner,  build,  fit,  equip,  load,  or  otherwise  to  prepare  any  ship 
or  vessel  within  any  port  or  place  of  the  said  United  States,  nor  shall 
cause  any  ship  or  vessel  to  sail  from  any  port  or  place  within  the 
same,  for  the  purpose  of  carrying  on  any  trade  or  traffic  in  slaves, 
to  any  foreign  country  ;  or  for  the  purpose  of  procuring,  from  any 
foreign  kingdom,  place,  or  country,  the  inhabitants  of  such  kiogdom, 
place,  or  country,  to  be  transported  to  any  foreign  country,  port, 
or  place,  whatever,  to  be  sold  or  disposed  of  as  slaves  :  and  if  any 
ship  or  vessel  shall  be  so  fitted  out,  as  aforesaid,  for  the  said  pur- 
poses, or  shall  be  caused  to  sail,  so  as  aforesaid,  every  such  ship  or 
vessel,  her  tackle,  furniture,  apparel,  and  other  appurtenances, 
shall  be  forfeited  to  the  United  States  ;  and  shall  be  liable  to  be 
seized,  prosecuted,  and  condemned,  in  any  of  the  circuit  courts  or 
district  court  for  the  district,  where  the  said  ship  or  vessel  may  be 
found  and  seized. 

SECT.  2.  And  be  it  further  enacted,  That  all  and  every  person, 
so  building,  fitting  out,  equipping,  loading,  or  otherwise  preparing, 
or  sending  away,  any  ship  or  vessel,  knowing,  or  intending,  that 
the  same  shall  be  employed  in  such  trade  or  business,  contrary  to 
the  true  intent  and  mean'ng  of  this  act,  or  any  ways  aiding  or  abet- 
ting therein,  shall  severally  forfeit  and  pay  the  sum  of  two  thou- 
sand dollars  ;  one  moiety  thereof  to  the  use  of  the  United  States, 
and  the  other  moiety  thereof  to  tbe  use  of  him  or  her  who  shall 
sue  for  and  prosecute  the  same. 

SECT.  3.  And  be  it  further  enacted^  That  the  owner,  master,  or 
factor,  of  each  and  every  foreign  ship  or  vessel,  clearing  out  for  any 
of  the  coasts  or  kingdoms  of  Africa,  or  suspected  to  be  intended 
for  the  slave-trade,  and  the  suspicion  being  declared  to  the  officer 
of  the  customs,  by  any  citizen,  on  oath  or  affirmation,  and  such  in- 
formation being  t»»  the  satisfaction  of  the  said  oflicer,  shall  first  give 
bond  with  sufficient  sureties,  to  the  Treasurer  of  the  United  Slates, 
that  none  of  the  natives  of  Africa,  or  any  other  foreign  country  or 
place,  shall  be  taken  on  board  the  said  ship  or  vessel,  to  be  trans- 
ported or  sold  as  slaves,  in  any  other  foreign  port  or  place  whatev- 
er, within  nine  months  thereafter. 

SECT.  4.  And  be  it  further  enacted,  That  if  any  citizen  or  citizens 
of  the  United  States  shall,  contrary  to  the  true  intent  and  meaning 
of  this  act,  take  on  board,  receive  or  transport  any  such  persons, 
us  above  described  in  this  act,  for  the  purpose  of  selling  them  as 
slaves,  as  aforesaid,  he  or  they  shall  forfeit  and  pay,  for  each  and 
every  person  so  received  on  board,  transported,  or  sol  I  as  afore- 
said, the  sum  of  two  hundred  dollars,  to  be  recovered  in  any  court 


itil 

of  the  United  States  proper  to  try  the  «ai$e  ;  the  one  moiety  there- 
of to  the  use  of  the  United  States,  and  thfe..,*ther  moiety  to  the  use 
of  such  person  or  persons  who  shall  sue  for  and  prosecute  the 
gamet  [Approved,  March  22,  1794. 


An  ACT  in  addition  to  the  act,   intituled  "  An  Act  to  prohibit  the   carrying  OB 

the  Slave-Trade  from  the  United  States  to    any  foreign  place  or  country." — 

[Laws  U.  S.  vol.  3,  p.  382.  J 

[SECT.  1  ]  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assembled,  That  it 
shall  be  unlawful  for  any  citizen  of  the  United  States,  or  other  per- 
son residing  within  the  United  States,  directly  or  indirectly  to  hold 
or  have  any  right  or  property  in  any  vessel  employed  or  made  use 
of  in  the  transportation  or  carrying  of  slaves  from  one  foreign  coun- 
try or  place  to  another,  and  any  right  or  property,  belonging  as 
aforesaid,  shall  be  forfeited,  and  may  be  libelled  and  condemned  for 
the  use  of  the  person  who  shall  sue  for  the  same  ;  and  such  person, 
transgressing  the  prohibition  aforesaid,  shall  also  forfeit  and  pay  a 
sum  of  money  equal  to  double  the  value  of  the  right  or  property 
in  such  vessel,  which  he  held  as  aforesaid  ;  and  shall  also  forfeit  a 
sum  of  money  equal  to  double  the  value  of  the  interest  which  he 
may  have  had  in  the  slaves,  which  at  any  time  may  have  been 
transported  or  carried  in  such  vessel,  after  the  passing  of  this  act, 
and  against  the  form  thereof. 

SECT.  2.  And  be  it  further  enacted,  That  it  shall  be  unlawful  for 
any  citizen  of  the  United  States,  or  other  person  residing  therein, 
to  serve  on  board  any  vessel  of  the  United  States  employed  or 
made  use  of  in  the  transportation  or  carrying  of  slaves  from  one 
foreign  country  or  place  to  another  ;  and  any  such  citizen  or  oth- 
er person,  voluntarily  serving  as  aforesaid,  shall  be  liable  to  be  in- 
dicted therefor,  and  on  conviction  thereof,  shall  be  liable  to  a  fine 
not  exceeding  two  thousand  dollars,  and  be  imprisoned  not  exceed- 
ing two  years. 

SECT.  3.  And  be  it  further  enacted.  That  if  any  citizen  of  the 
United  States  shall  voluntarily  serve  on  board  of  any  foreign  ship 
or  vessel,  which  shall  hereafter  be  employed  in  the  slave  trade,  he 
shall,  on  conviction  thereof,  be  liable  to,  and  suffer  the  like  for- 
feitures, pains,  disabilities  and  penalties  as  he  would  have  incurred, 
had  such  ship  or  vessel  been  owned  or  employed,  in  whole  or  in 
part,  by  any  person  or  persons  residing  within  the  United  States. 

SECT.  4.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  any 
of  the  commissioned  vessels  of  the  Unired  States,  to  seize  and  take 
any  vessel  employed  in  carrying  on  trade,  business,  or  traffic,  con- 
trary to  the  true  intent  and  nreaning  of  this  or  the  said  act  to  which 
this  is  in  addition  ;  and^uch  vessel,  together  with  her  tackle,  apparel 
and  gun?-,  and  the  goods  or  effects,  other  than  slave?,  which  shall 
be  found  on  board,  shall  be  forfeited,  and  may  be  proceeded  against 
in  ;my  of  the  district  or  circuit  court?,  and  shall  be  condemned  for 
the  n*p.  of  the  officer?  and  crew  of  the  vessel  making  the  seizure, 


169  ,' 

ind  be  divided  in  the  proportion  directed  in  the  case  of  prize  : 
And  all  persons  interested  in  such  vessel,  or  in  the  enterprise 
or  voyage  in  which  such  vessel  shall  be  employed  at  the  time  of 
such  capture,  shall  be  precluded  from  all  right  or  claim  to  the 
slaves  found  on  board  such  vessel  as  aforesaid,  and  from  all  damages 
or  retribution  on  account  thereof :  And  it  shall  moreover  be  tlie 
duty  of  the  commanders  of  such  commissioned  vessels,  to  appre- 
hend and  take  into  custody  every  person  found  on  board  of  such  ves- 
sel so  seized  and  taken,  being  of  the  officers  or  crew  thereof,  and 
him  or  them  convey,  as  soon  as  conveniently  may  be,  to  the  civil 
authority  of  the  United  States  in  some  one  of  the  districts  t  lereof,  to 
be  proceeded  against  in  due  course  of  law. 

SKCT.  5.  Aid  be  it  further  enacted,  That  the  district  and  circuit 
courts  of  the  1  nited  States  shall  have  cognizance  of  all  acts  and 
offences  against  the  prohibitions  herein  contained. 

SECT.  6.  Provided  nevertheless,  and  be  it  further  enacted,  That 
nothing  in  this  act  contained  shall  be  construed  to  authorise  the 
bringing  into  cither  of  the  United  States,  any  person  or  persons,  the 
importation  of  whom  is,  by  the  existing  laws  of  such  state,  prohib- 
ited. 

SECT.  7.  And  be  it  further  enacted,  That  the  forfeitures  which 
shall  hereafter  be  incurred  under  this,  or  the  said  act  to  which  this 
is  in  addition,  not  otherwise  disposed  of,  shall  accrue  and  be  one 
moiety  thereof  to  the  use  of  the  informer,  and  the  other  moiety  to 
the  use  of  the  United  States,  except  where  the  prosecution  shall  be 
first  instituted  on  behalf  of  the  United  States,  in  which  case  the 
whole  shall  be  to  their  use.  [Approved,  May  10,  1800.] 

An  ACT  to  prevent  the  importation  of  certain  persons  into  certain  states,  where, 
by  the  laws  thereof,  their  admission  is  prohibited.  [Laws  U.  S.  vol.  2,  p.  529.] 

[SECT.  1 .]  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assembled,  That, 
from  and  after  the  first  day  of  April  next,  no  master  or  captain  of 
any  ship  or  vessel,  or  any  other  person,  shall  import  or  bring,  or 
cause  to  be  imported  or  brought,  any  negro,  mulatto,  or  other  per- 
son of  colour,  not  being  a  native,  a  citizen,  or  registered  seaman  of 
the  United  States,  or  seamen,  natives  of  countries  beyond  the  Cape  of 
Good-Hope,  into  any  port  or  place  of  the  United  States,  which  port 
or  place  shall  be  situated  in  any  state  which  by  law  has  prohibited 
or  shall  prohibit  the  admission  or  importation  of  such  negro,  mulat- 
to, or  other  person  of  colour,  and  if  any  captain  or  master  afore- 
said, or  any  other  person,  shall  import  or  bripg,  or  cause  to  be  im- 
ported or  brought  into  any  of  the  ports  or  places  aforesaid,  any  of 
the  persons  whose  admission  or  importation  is  prohibited,  as  afore- 
said, he  shall  forfeit  and  pay  the  sum  of  one  thousand  dollars  for 
each  and  every  negro,  mulatto,  or  other  person  of  colour  aforesaid, 
brought  or  imported  as  aforesaid,  to  be  sued  for  and  recovered  by 
action  of  debt,  in  any  court  of  the  United  States  ;  one  half  thereof 
to  the  use  of  the  United  States,  the  other  half  to  any  person  or  per- 
22 


sons  prosecuting  for  the  penalty  ;  and  in  any  action  instituted  for  the 
recovery  of  the  penalty  aforesaid,  the  person  or  persons  sued  may 
be  held  to  special  bail  :  Provided  always,  That  nothing  contained 
in  this  act  shall  be  construed  to  prohibit  the  admission  of  Indians. 

SECT.  2.  And  be  it  further  enacted,  That  no  ship  or  vessel  arriv- 
ing in  any  of  the  said  ports  or  places  of  {he  United  States,  and  hav- 
ing on  board  any  negro,  mulatto,  or  other  person  of  colour,  not 
being  a  native,  a  citizen,  or  registered  seamen  of  the  United  States, 
or  seamen  natives  of  countries  beyond  the  Cape  of  Good  Hope  as 
aforesaid,  shall  be  admitted  to  an  entry.  And  if  any  such  negro,  mu- 
latto, or  other  person  of  colour,  shall  be  landed  from  on  board  any 
ship  or  vessel,  in  any  of  the  ports  or  places  aforesaid,  or  on  the 
coast  of  any  state  prohibiting  the  admission  or  importation,  as  afore- 
said, the  said  ship  or  vessel,  together  with  her  tackle,  apparel,  and 
furniture,  shall  be  forfeited  to  the  United  States,  and  one  half  of  the 
nett  proceeds  of  the  sales  on  such  forfeiture,  shall  inure  and  be  paid 
over  to  such  person  or  persons  on  whose  intorumtion  the  seizure  oa 
such  forfeiture  shall  be  made. 

SECT.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  collectors  and  other  officers  of  the  customs,  and  all  other  offi- 
cers of  the  revenue  of  the  United  States  in  the  several  ports  er 
places  situated  as  aforesaid,  to  notice  and  be  governed  by  the 
provisions  of  the  laws  now  existing,  of  the  several  states  prohibiting 
the  admission  or  importation  of  any  negro,  mulatto,  or  other  person, 
of  colour,  as  aforesaid.  And  they  are  hereby  enjoined  vigilantly 
to  carry  into  effect  the  said  laws  of  said  states,  conformably  to  the 
provisions  of  this  act  ;  any  law  of  the  United  States  lo  the  contrary 
notwithstanding.  [Approved,  February  28,  1803-1 


An  ACT  to  prohibit  the  importation  of  Slaves  into  any  port  or  place  within  the 
jurisdiction  of  the  United  Stales,  from  and  after  the  first  day  of  Januaiy,  in 
the  yeai  of  our  Lord  one  thousand  eight  hundred  and  eight.  [Laws  U.  S. 
vol.  4,  p.  94.] 

[SECT.  1.]  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That,  from 
and  after  the  first  day  of  January,  one  thousand  eight  hundred  and 
eight,  it  shall  not  be  lawful  to  import  or  bring  into  the  United  States, 
or  the  territories  thereof,  from  any  foreign  kingdom,  place,  or  coun- 
try, any  negro,  mulatto,  or  person  of  colour,  with  intent  to  hold, 
sell,  or  dispose  of  such  negro,  mulatto,  or  person  of  colour,  as  a 
slave,  or  to  be  held  to  service  or  labour. 

SECT.  2.  And  be  it  further  enacted,  That  no  citizen  or  citizens 
of  the  United  States,  or  any  other  person,  shall,  from  and  after  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eight,  for  himself  or  themselves,  or  any  person  what- 
soever, either  as  master,  factor,  or  owner,  build,  fit,  equip,  load,  or 
otherwise  prepare  any  ship  or  vessel,  in  any  port  or  place  within 
the  jurisdiction  of  the  United  States,  nor  shall  cause  any  ship  or 
vessel  to  sail  from  any  port  or  place  within  the  same,  for  the  pur- 


171 

pose  of  procuring  any  negro,  mulatto,  or  person  of  colour,  from 
any  foreign  kingdom,  place,  or  country,  to  be  transported  to  anv  port 
or  place  whatsoever,  within  the  jurisdiction  of  the  United  States, 
to  be  held,  sold,  or  disposed  of  as  slaves,  or  to  be  held  to  service 
or  labour  :  and  ifany  ship  or  vessel  shall  be  so  fitted  out  for  the  pur- 
pose aforesaid,  or  shall  be  caused  to  sail  so  as  aforesaid,  every  such 
ship  or  vessel,  her  tackle,  apparel,  and  furniture,  s-hall  be  forfeited 
to  the  United  States,  and  shall  be  liable  to  be  seized,  prosecuted, 
and  condemned  in  any  of  the  circuit  courts  or  district  courts,  for 
the  district  where  the  said  ship  or  vessel  may  be  found  or  seized. 

SECT.  3.  And  be  it  further  enacted.  That  all  and  every  person  so 
building,  fitting  out,  equipping,  loading,  or  otherwise  preparing,  or 
sending  away,  any  ship  or  vessel,  knowing  or  intending  that  the 
same  shall  be  employed  in  such  trade  or  business,  from  and  after 
the  first  day  of  January,  one  thousand  eight  hundred  and  eight, 
contrary  to  the  true  intent  and  meaning  of  this  act,  or  any  ways 
aiding  or  abetting  therein,  shall  severally  forfeit  and  pay  twenty 
thousand  dollars  ;  one  moiety  thereof  to  the  use  of  the  United  States, 
and  the  other  moiety  to  the  use  of  any  person  or  persons  who  shall 
sue  for  and  prosecute  the  same  to  effect. 

SECT.  4.  And  be  it  further  enacted,  If  any  citizen  or  citizens  of 
the  United  States,  or  any  person  resident  within  the  jurisdiction  of 
the  same,  shall,  from  and  after  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  eight,  take  on  board,  receive,  or  transport 
from  any  of  the  coasts  or  kingdoms  of  Africa,  or  from  any  other 
foreign  kingdom,  place,  or  country,  any  negro,  mulatto,  or  person  of 
colour,  in  any  ship  or  vessel,  for  the  purpose  of  selling  them  in  any 
port  or  place  within  the  jurisdiction  of  the  United  States,  as  slaves, 
or  to  be  held  to  service  or  labour,  or  shall  be  in  any  ways  aiding 
or  abetting  therein,  such  citizen  or  citizens,  or  person,  shall  sever- 
ally forfeit  and  pay  five  thousand  dollars  ;  one  moiety  thereof  to 
the  use  of  any  person  or  persons  who  shall  sue  for  and  prosecute 
the  same  to  effect.  And  every  such  ship  or  vessel  in  which  such 
negro,  mulatto,  or  person  of  colour,  shall  have  been  taken  on  board, 
received,  or  transported,  as  aforesaid,  her  tackle,  apparel,  and  fur- 
niture, and  the  goods  and  effects  which  shall  be  found  on  board  the 
same,  shall  be  forfeited  to  the  United  States,  and  shall  be  liable  to 
be  seized,  prosecuted,  and  condemned,  in  any  of  the  circuit  courts 
or  district  courts  in  the  district  where  the  said  ship  or  vessel  may 
be  found  or  seized.  And  neither  the  importer,  nor  any  person  or 
persons  claiming  from  or  under  him,  shall  hold  any  right  or  title 
whatsoever  to  any  negro,  mulatto,  or  person  of  colour,  nor  to  the 
service  or  labour  thereof,  who  may  be  imported  or  brought  within 
the  United  States,  or  territories  thereof,  in  violation  of  this  law, 
but  the  same  shall  remain  subject  to  any  regulations  not  contraven- 
ing the  provisions  of  this  act,  which  the  legislatures  of  the  several 
states  or  territories  at  any  time  hereafter  may  make,  for  disposing 
of  any  such  negro,  mulatto,  or  person  of  colour. 

SECT.  5.  And  be  it  further  enacted,  That  if  any  citizen  or  citi- 
zens of  .the  United  States,  or  any  other  person  resident  within  the 


172 

jurisdiction  of  the  same,  shall,  from  and  after  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  eight,  contrary  to  the  true  in- 
tent and  meaning  of  this  act,  take  on  board  any  ship  or  vessel  from 
any  of  the  coasts  or  kingdoms  of  Africa,  or  from  any  other  foreign 
kingdom,  place  or  country,  any  negro,  mulatto,  or  person  of  colour, 
with  intent  to  sell  him,  her,  or  them,  for  a  slave,  or  slaves,  or  to  be 
held  to  service  or  labour,  and  shall  transport  the  same  to  any  port  or 
place  within  the  jurisdiction  of  the  United  States,  and  there  sell 
such  negro,  mulatto,  or  person  of  colour,  so  transported  as  afore- 
said, for  a  slave,  or  to  be  held  to  service  or  labour,  every  such  of- 
fender shall  be  deemed  guilty  of  a  high  misdemeanor,  and  being 
thereof  convicted  before  any  court  having  competent  jurisdiction, 
shall  suffer  imprisonment  for  not  more  than  ten  years,  nor  less  than 
five  years,  and  be  fined  not  exceeding  ten  thousand  dollars,  nor  less 
than  one  thousand  dollars. 

SECT.  6.  And  be  it  further  enacted,  That  if  any  person  or  persons 
whatever,  shall,  from  and  after  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  eight,  purchase  or  sell  any  negro,  mulatto, 
or  person  of  colour,  for  a  slave,  or  to  be  held  to  service  or  labour, 
who  shall  have  been  imported,  or  brought  from  any  foreign  kingdom, 
place,  or  country,  or  from  the  dominions  of  any  foreign  state,  imme- 
diately adjoining  to  the  United  States,  into  any  port  or  place  with- 
in the  jurisdiction  of  the  United  States,  after  the  last  day  of  Decem- 
ber, one  thousand  eight  hundred  and  seven,  knowing  at  the  time  of 
such  purchase  or  sale,  euch  negro,  mulatto,  or  person  of  colour,  was 
so  brought  within  the  jurisdiction  of  the  United  States,  as  aforesaid, 
such  purchaser  and  seller  shall  severally  forfeit  and  pay  for  every 
negro,  mulatto,  or  person  of  colour,  so  purchased  or  sold  as  afore- 
said, eight  hundred  dollars  ;  one  tnoiety  thereof  to  the  United 
States,  and  the  other  moiety  to  the  use  of  any  person  or  persons 
who  shall  sue  for  and  prosecute  the  same  to  effect  :  Provided,  That 
the  aforesaid  forfeiture  shall  not  extend  to  the  seller,  or  purchaser 
of  any  negro,  mulatto,  or  person  of  colour,  who  may  be  sold  or 
disposed  of  in  virtue  of  any  regulation  which  may  hereafter  be 
made  by  any  of  the  legislatures  of  the  several  states  in  that  respect, 
in  pursuance  of  this  act,  and  the  constitution  of  the  United  States. 

SECT.  7.  And  be  it  further  enacted,  That  if  any  ship  or  vessel 
shall  be  found,  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  eight,  in  any  river,  port,  bay  or  harbour,  or  on 
the  high  seas  within  the  jurisdictional  limits  of  the  United  States, 
or  hovering  on  the  coast  thereof,  having  on  board  any  negro,  mu- 
latto, «r  person  of  colour,  for  the  purpose  of  selling  them  as  slaves, 
or  with  intent  to  land  the  same,  in  any  port  or  place  within  the  ju- 
risdiction of  the  United  States,  contrary  to  the  prohibition  or  this 
act,  everj,  such  ship  or  vessel,  together  with  her  tackle,  apparel,  and 
furniture,  and  the  goods  or  effects  which  shall  be  found  on  board 
the  same,  shall  be  forfeited  to  the  use  of  the  United  States,  and 
may  be  seized,  prosecuted,  and  condemned,  in  any  court  of  the  Uni- 
ted  States,  having  jurisdiction  thereof.  And  it  shall  be  lawful  for 
the  President  of  the  United  States,  and  he  is  hereby  authorized, 


173 

should  he  deem  it  expedient,  to  cause  any  of  the  armed  vessels  of 
the  U.  State?  to  be  manned  and  employed  to  cruise  on  any  part  of  the 
roast  of  the  United  States,  or  territories  thereof,  where  he  may  judge 
attempts  will  be  made  to  violate  the  provisions  of  this  act,  and  to 
instruct  and  direct  the  commanders  of  armed  vessels  of  the  United 
States,  to  seize,  take,  nnd  bring  into  any  port  of  the  United  States, 
all  such  ships  or  vessels,  and  moreover  to  seize,  take,  and  bring  in- 
to any  port  of  the  United  States,  all  ships  or  vessels  of  the  United 
States,  wheresoever  found  on  the  high  seas,  contravening  the  pro- 
visions of  this  act,  to  be  proceeded  against  according  to  law  ;  and 
the  captain,  master,  or  commander  of  every  such  ship  or  vessel,  so 
found  and  seized  as  aforesaid,  shall  be  deemed  guilty  of  a  high  mis- 
demeanor, and  shall  be  liable  to  be  prosecuted  before  any  court  of 
the  United  States,  having  jurisdiction  thereof;  and  being  thereof 
convicted,  shall  be  fined  not  exceeding  ten  thousand  dollars,  and  be 
imprisoned  not  less  than  two  years,  and  not  exceeding  four  years. 
And  the  proceeds  of  all  ships  and  vessels,  their  tackle,  apparel,  and 
furniture,  and  the  goods  and  effects  on  board  of  them,  which  shall  be 
so  seized,  prosecuted,  and  condemned,  shall  be  divided  equally  be- 
tween the  United  States  and  the  officers  and  men  who  shall  make 
such  seizure,  take,  or  bring  the  same  into  port  for  condemnation, 
whether  such  seizure  be  made  by  an  armed  vessel  of  the  United 
States,  or  revenue  cutters  thereof,  and  the  same  shall  be  distributed 
in  like  manner  as  is  provided  by  law  for  the  distribution  of  prizes 
taken  from  an  enemy  :  Provided,  That  the  officers  and  men,  to  be 
entitled  to  one  half  of  the  proceeds  aforesaid,  shall  safe  keep  every 
negro,  mulatto,  or  person  of  colour,  found  on  board  of  any  ship  or 
vessel  so  by  them  seized,  taken,  or  brought  into  port  for  condem- 
nation, and  shall  deliver  every  such  negro,  mulatto,  or  person  of  co- 
lour, to  such  person  or  persons  as  shall  be  appointed  by  the  re- 
spective states  to  receive  the  same  ;  and  if  no  such  person  or  per- 
sons shall  be  appointed  by  the  respective  states,  they  shall  deliver 
every  such  negro,  mulatto,  or  person  of  colour,  to  the  overseers 
of  the  poor  of  the  port  or  place  where  such  ship  or  vessel  may  be 
brought  and  found,  and  shall  immediately  transmit  to  the  governor, 
or  chief  magistrate  of  the  state,  an  account  of  their  proceedings,  to- 
gether with  the  number  of  such  negroes,  mulattoes,  or  persons  of 
colour,  and  a  descriptive  list  of  the  same,  that  he  may  give  direc- 
tions respecting  such  negroes,  mulattoes,  or  persons  of  colour. 

SECT.  8.  And  be  it  further  enacted,  That  no  captain,  master,  or 
commander  of  any  ship  or  vessel,  of  less  burthen  than  forty  tons, 
shall,  from  and  after  the  first  day  of  January,  one  thousand  eight 
hundred  and  eight,  take  on  board  and  transport  any  negro,  mulatto, 
or  person  of  colour,  to  any  port  or  place  whatsoever,  for  the  pur- 
pose of  selling  or  disposing  of  the  same  as  a  slave,  or  with  intent 
that  the  same  may  be  sold  or  disposed  of  to  be  held  to  service  or 
labour,  on  penalty  of  forfeiting  for  every  such  negro,  mulatto,  or 
person  of  colour,  so  taken  on  board  and  transported  as  aforesaid, 
the  sum  of  eight  hundred  dollars  ;  one  moiety  thereof  to  the  use  of 


174 

the  United  States,  and  the  other  moiety  to  any  person,  or  persons, 
who  shall  sue  for  and  prosecute  the  same  to  effect  :  Provided,  how- 
ever, That  nothing  in  this  section  shall  extend  to  prohibit  the  taking 
on  hoard  or  transporting  on  any  river,  or  inland  bay  of  the  sea,  with- 
in the  jurisdiction  of  the  United  States,  any  negro,  mulatto,  or  per- 
son of  colour,  (not  imported  contrary  to  the  provisions  of  this  act.) 
in  any  vessel  or  species  of  craft  whatever. 

SECT.  9.  And  be  it  further  enacted.  That  the  captain,  master,  or 
commander  of  any  ship  or  vessel  of  the  burthen  of  forty  tons  or 
more,  from  and  after  the  first  day  of  January,  one  thousand  eight 
hundred  and  eight,  sailing  coastwise  from  any  port  in  the  United 
States,  to  any  port  or  place  within  the  jurisdiction  of  the  same, 
having  on  board  any  negro,  mulatto,  or  person  of  colour,  for  the 
purpose  of  transporting  them  to  be  sold  or  disposed  of  as  slaves,  or 
to  be  held  to  service  or  labour,  shall,  previous  to  the  departure  of 
such  ship  or  vessel,  make  out  and  subscribe  duplicate  manifests  of 
every  such  negro,  mulatto,  or  person  of  colour,  on  board  such  ship 
or  vessel,  therein  specifying  the  name  and  sex  of  each  person,  their 
age  and  stature,  as  near  as  may  be,  and  the  class  to  which  they  re- 
spectively belong,  whether  negro,  mulatto,  or  person  of  colour,  with 
the  name  and  place  of  residence  of  every  owner,  or  shipper  of  the 
same,  and  shall  deliver  such  manifests  to  the  collector  of  the  port, 
if  there  be  one,  otherwise  to  the  surveyor,  before  whom  the  cap- 
tain, master,  or  commander,  together  with  the  owner,  or  shipper, 
shall  severally  sv.-ear  or  affirm,  to  the  best  of  their  knowledge  and 
belief,  that  the  persons  therein  specified  were  not  imported  or 
brought  into  the  United  States  from  and  after  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  eight,  and  that  under  the  laws 
of  the  state,  they  are  held  to  service  or  labour  ;  whereupon  the 
said  collector,  or  surveyor,  shall  certify  the  same  on  the  said  mani- 
fests, one  of  which  he  shall  return  to  the  said  captain,  master,  or 
commander,  with  a  permit,  specifying  thereon  the  number,  names, 
and  general  description  of  such  persons,  and  authorizing  him  to 
proceed  to  the  port  of  his  destination. — And  if  any  ship  or  vessel. 
being  laden  and  destined  as  aforesaid,  shall  depart  from  the  port 
where  she  may  then  be,  without  the  captain,  master,  or  commander 
having  first  made  out  and  subscribed  duplicate  manifests,  of  every 
negro,  mulatto,  and  person  of  colour,  on  board  such  ship  or  vessel, 
as  aforesaid,  and  without  having  previously  delivered  the  same  to 
the  said  collector,  or  surveyor,  and  obtained  a  permit,  in  manner  as 
herein  required,  or  shall,  previous  to  her  arrival  at  the  port  of  des- 
tination, take  on  board  any  negro,  mulatto,  or  person  of  colour, 
other  than  those  specified  in  the  manifests,  as  aforesaid,  every  such 
ship  or  vessel,  together  with  her  tackle,  apparel,  and  furniture,  shall 
be  forfeited  to  the  use  of  the  United  States,  and  may  be  seized,  pros- 
ecuted, and  condemned,  in  any  court  of  the  United  States  having 
jurisdiction  thereof;  and  the  captain,  master,  or  commander,  of 
every  such  ship  or  vessel,  shall  moreover  forfeit,  for  every  such 
negro,  mulatto,  or  person  of  colour,  so  transported,  or  taken  on 


175 


and  prosecu     ,he  same  to         t  0"5  "o  sha"  sue 


feat  at  the  time  and  in  the  ma  '        ^        ^  del'Ver  the  m™' 

put  on  shore  any  negro  mulatto  or  n"  ^'l'  °T  'ha»  Ia"d  "r 
pose  aforesaid,  before  tiS3fc£Tf!?  ^ucolour'  «>r  the  p,ir. 
said,  and  obtained  a  perm?  ;  /0^Ie,deIlFered  hw  ma^8t  as  afire- 
master,  or  C°^to^%^P*»*>  ™*J  •«<*  captain, 
mo.ety  thereof  to  the  United  State,  thlLh  and  dolla™''  one 

who  iS  -         j,  ^e  ., 

2,  1807.] 


rf  ,hc   Um.ed  St.,,e,, 


thereof 


be  liable  to  seizure,  prosecution  LH  fP  ?,  "  3S  afore™<*>  «hall 
which  it  may  be  found  c  e  S'*S?  f°frfeiti;re'  in  any  district  in 
States,  and  the  other  hWt  j  '  '7  °,f  t0  the  Use  of  the  ^nited 
secute  the  same  J?  effect.  °F  them  who  sha]|  Pro" 

'•  ^6e  itfirther  enacted,  That  no  citizen  or  citizens 


176 

of  the  United  States,  or  any  other  person  or  persons,  shall,  after 
the  passing  of  this  act,  as  aforesaid,  for  himself,  themselves,  or  any 
other  person  or  persons  whatsoever,  either  as  master,  factor,  or 
owner,  build,  fit,  equip,  load,  or  otherwise  prepare,  any  ship  or 
vessel,  in  any  port,  or  place  within  the  jurisdiction  of  the  United 
States,  nor  cause  any  such  ship  or  vessel  to  sail  from  any  port  or 
place  whatsoever,  within  the  jurisdiction  of  the  same,  for  the  pur- 
pose of  procuring  any  negro,  mulatto,  or  person  of  colour,  from 
any  foreign  kingdom,  place,  or  country,  to  be  transported  to  any 
port  or  place  whatsoever,  to  be  held,  sold,  or  otherwise  disposed 
of  as  slaves,  or  to  be  held  to  service  or  labour  ;  and  if  any  ship  or 
vessel  shall  be  so  built,  tilted  out,  equipped,  laden  or  otherwise 
prepared  for  the  purpose  aforesaid,  every  such  ship  or  vessel,  her 
tackle,  apparel,  furniture,  and  lading,  shall  be  forfeited;  one  moie- 
ty to  the  use  of  the  United  States,  and  the  other  to  the  use  of  the 
person  or  persons  who  shall  sue  for  said  forfeiture,  and  prosecute 
the  same  to  effect ;  and  such  ship  or  vessel  shall  be  liable  to  be 
seized,  prosecuted  and  condemned,  in  any  court  of  the  United 
States,  having  competent  jurisdiction. 

SECT.  3.  And  be  it  further  enacted,  That  every  person  or  persons 
so  building,  fitting  out,  equipping,  loading,  or  otherwise  preparing, 
or  sending  away,  or  causing  any  of  the  acts  aforesaid  to  be  done, 
with  intent  to  .employ  such  ehip  or  vessel  in  such  trade  or  business, 
after  the  passing  of  this  act,  contrary  to  the  true  intent  and  mean- 
ing thereof,  or  who  shall,  in  any  wise,  be  aiding  or  abetting  therein, 
shall,  severally,  on  conviction  thereof,  by  due  course  of  law,  for- 
feit and  pay  a  sum  not  exceeding  five  thousand  dollars,  nor  less 
than  one  thousand  dollars  ;  one  moiety  to  the  use  of  the  United 
Slates,  and  the  other  to  the  use  of  the  person  or  persons,  who  shall 
sue  lor  such  forfeiture,  and  prosecute  the  same  with  effect,  and 
shall  moreover  be  imprisoned  for  atermnot  exceeding  seven  years, 
nor  less  than  three  years. 

SECT.  4.  And  be  it  further  enacted,  That  if  any  citizen  or  citi- 
zens of  the  United  States,  or  other  person  or  persons  resident 
within  the  jurisdiction  of  the  same,  shall,  from  and  after  the  passing 
of  this  act,  take  on  board,  receive,  or  transport,  from  any  of  the 
coasts  or  kingdoms  of  Africa,  or  from  any  other  foreign  kingdom, 
place  or  country,  or  from  sea,  any  negro,  mulatto,  or  person  of  co- 
lour, not  being  an  inhabitant,  nor  held  to  service  by  the  laws  of 
either  of  the  states  or  territories  of  the  United  States,  in  any  ship, 
vessel,  boat,  or  other  water  craft,  for  the  purpose  of  holding,  sell- 
ing, or  otherwise  disposing  of,  such  person  as  a  slave,  or  to  be  held 
to  service  or  labour,  or  be  aiding  or  abetting  therein,  every  such 
person  or  persons,  so  offending,  shall,  on  conviction,  by  due  course 
of  law,  severally  forfeit  and  pay  a  sum  not  exceeding  five  thousand, 
nor  less  than  one  thousand  dollars,  one  moiety  to  the  use  of  the 
United  States,  and  the  other  to  the  use  of  the  person  or  persons 
who  shall  sue  for  such  forfeiture  and  prosecute  the  same  to  effect ; 
and,  moreover,  shall  suffer  imprisonment,  for  a  term  not  exceeding 
seven  years,  nor  less  than  three  years.;  and  every  ship  or  vessel. 


177 

'eoat,  or  other  water  craft,  on  which  such  negro,  mulatto,  or  person 
of  colour,  shall  have  been  taken  on  board,  received  or  transported, 
as  aforesaid,  her  tackle,  apparel,  and  furniture,  and  the  goods  and 
effects  which  shall  be  found  on  board  the  same,  or  shall  have  been 
imported  therein  in  the  same  voyage,  shall  be  forfeited;  one  moiety 
to  the  use  of  the  United  States,  and  the  other  to  the  use  of  the 
person  or  persons  who  shall  sue  for  and  prosecute  the  same  to  ef- 
fect ;  and  every  such  ship  or  vessel  shall  be  liable  to  be  seized, 
prosecuted,  and  condemned,  in  any  coin  t  of  the  United  States  hav- 
ing competent  jurisdiction. 

SECT.  5.  Jlnd  be  it  further  enacted,  That  neither  the  importer  or 
importers,  nor  any  person  or  persons  claiming  from  or  under  him 
or  them,  shall  hold  any  right,  interest,  or  title  whatsoever,  in  or  to 
any  negro,  mulatto,  or  person  of  colour,  nor  to  the  service  or  la- 
hour  thereof,  who  m  ty  be  imported  or  brought  into  the  United 
States  or  the  territories  thereof,  in  violation  of  the  provisions  of 
this  act,  but  the  same  shall  remain  subject  to  any  regulations,  not 
contravening  said  provisions,  which  the  legislatures  of  the  several 
states  or  territories,  may  at  any  time  heretofore  have  made,  or 
hereafter  may  make,  for  disposing  of  any  such  negro,  mulatto,  otf 
person  of  colour. 

SECT.  6.  Jlnd  be  it  further  enacted,  That  if  any  person  or  per 
sons  whatsoever  shall,  from  and  after  the  passing  of  this  act,  bring 
withiu  the  jurisdiction  of  the  United  States,  in  any  manner  whatso- 
ever, any  negro,  mulatto,  or  person  of  colour,  from  any  foreign 
kingdom,  place,  or  country,  or  from  sea,  or  shall  hold,  sell,  or 
otherwise  dispose  of,  any  such  negro,  mulatto,  or  person  of  colour, 
so  brought  in,  as  a  slave,  or  to  be  held  to  service  or  labour,  or  be 
in  any  wise  aiding  or  abetting  therein,  every  person  so  offending 
shall,  on  conviction  thereof  by  due  course  of  law,  forfeit  and  pay, 
for  every  such  offence,  a  sum  not  exceeding  ten  thousand  nor  less 
than  one  thousand  dollars,  one  moiety  to  the  use  of  the  United 
States,  and  the  other  to  the  use  of  the  person  or  persons  who  shall 
sue  for  such  forfeiture,  and  prosecute  the  same  to  effect ;  and, 
moreover,  shall  suffer  imprisonment,  for  a  term  not  exceeding 
seven  years,  nor  less  than  three  years. 

SECT.  7.  And  be  it  further  enacted.  That  if  any  person  or  persons 
whatsoever  shall  hold,  purchase,  sell,  or  olherwise  di-pose  of,  any 
negro,  mulatto,  or  person  of  colour,  for  a  slave,  or  to  be  held  to  ser- 
vice or  labour,  who  shall  have  been  imported  or  brought,  in  any 
tvay,  from  any  foreign  kingdom,  place,  or  country,  or  from  the  domin- 
ions of  any  foreign  state  immediately  adjoining  to  the  United  States, 
into  any  port  or  place  within  the  jurisdiction  of  the  United  States,, 
from  and  after  the  passing  of  this  act,  every  person  so  offending, 
and  every  person  aiding  or  abetting  therein,  shall  severally  forfeit 
and  pay,  for  every  negro,  mulatto,  or  person  of  colour,  so  held, 
purchased,  sold,  or  disposed  of,  one  thousand  dollars  ;  one  moiety 
to  the  use  of  the  United  States,  and  the  other  to  the  use  of  the  per- 
son or  persons  who  may  sue  for  such  forfeiture,  and  prosecute  the 
23 


178 

same  to  effect,  and  to  stand  committed  until  the  said  forfeiture  be 
paid  :  Provided,  That  the  aforesaid  forfeiture  shall  not  extend  to 
the  seller  or  purchaser  of  any  negro,  mulatto,  or  person  of  colour, 
who  may  be  sold  or  disposed  of  in  virtue  of  any  regulations  which 
have  been  heretofore,  or  shall  hereafter  be,  lawfully  made  by  any 
legislature  of  any  state  or  territory,  in  pursuance  of  this  act  and 
the  constitution  of  the  United  States. 

SECT.  8.  Jlnd  be  it  further  enacted.  That  in  all  prosecutions  un- 
der this  act,  the  defendant  or  defendants  shall  be  holden  to  prove 
that  the  negro,  mulatto,  or  person  of  colour,  which  he  or  they 
shall  be  charged  with  having  brought  into  the  United  States,  or 
with  purchasing,  holding,  selling,  or  otherwise  disposing  of,  and 
which,  according  to  the  evidence  in  such  case,  the  said  defendant 
or  defendants  shall  have  brought  in  aforesaid,  or  otherwise  disposed 
of,  was  brought  into  the  United  States  at  least  five  years  previous 
to  the  commencement  of  such  prosecution,  or  was  not  brought  in, 
holden,  purchased,  or  otherwise  disposed  of,  contrary  to  the  pro- 
visions of  this  act  ;  and  in  failure  thereof,  the  said  defendant  or  de- 
fendants shall  be  judged  guilty  of  the  offence  of  which  he  or  they 
feay  stand  accused. 

SECT.  9.  And  be  it  further  enacted,  That  any  prosecution,  infor- 
mation, or  action,  may  be  sustained, for  any  offence  under  this  act,  at 
any  time  within  five  years  after  such  offence  shall  have  been  com- 
mitted; any  law  to  the  contrary  notwithstanding. 

SECT.  JO.  And  be  it  further  enacted,  That  the  first  six  sections  of 
the  act  to  which  this  is  an  addition,  shall  be  and  the  same  are  here- 
by repealed  :  Provided,  That  all  offences  committed  under  the  said 
sections  of  the  act  aforesaid,  before  the  passing  of  this  act,  shall  be 
prosecuted  and  punished,  and  any  forfeitures  which  have  been  in- 
curred under  the  same  shall  be  recovered  and  distributed,  as  if  this 
act  had  not  been  passed. 

[Approved,  April  <2Q,  16 13. 


An  ACT  in  addition  to  the  Acts  prohibiting  the  Slave  Trade.      [Laws  U.  S. 
vol.  6,  p,  4^5.  J 

[SECT.  1.]  Be  it  enqctedby  the  Senate  And  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  the  Pres- 
ident of  the  United  States  be,  and  he  is  hereby,  authorized,  when- 
ever he  ehall  deem  it  expedient,  to  cause  any  of  the  armed  vessels 
of  the  United  States  to  be  employed  to  cruise  on  any  of  the  coasts 
of  the  United  States,  or  territories  thereof,  or  of  the  coast  of 
Africa,  or  elsewhere,  when  he  may  judge  attempts  may  be  made  to 
carry  on  the  slave  trade  by  citizens  or  residents  of  the  United  States, 
in  contravention  of  the  acts  of  Congress  prohibiting  the  same,  and 
to  instruct  and  direct  the  commanders  of  all  armed  vessels  of  the 
United  States,  to  seize,  take,  and  bring  into  any  port  of  the 
United  States,  all  ships  or  vessels  of  the  United  States,  wheresoev- 
er found,  which  may  have  taken  on  board,  or  which  may  be  intend- 
ed for  the  purpose  of  taking  on  board,  or  of  transporting,  or  may 
have  transported,  any  negro,  mulatto,  or  person  of  colour,  in  viola- 


tion  of  any  of  the  provisions  of  the  act,  entitled  "  Au  act  in  addi- 
tionto  an  act  to  prohibit  the  importation  of  slaves  into  any  port  or 
place  within  the  jurisdiction  of  the  United  S {tiles,  from  and  after 
the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eij;ht 
hundred  and  eight,  and  to  repeal  certain  parts  of  the  same,."  or  of 
any  other  actor  acts  prohibiting  the  traffic  in  slaves,  to  be  proceed- 
ed against  according  to  law  :  and  the  proceeds  of  all  ships  and  ves- 
sels, their  tackle,  apparel,  and  furniture,  and  the  goods  and  effects 
on  hoard  of  them,  which  shall  be  so  seized,  prosecuted,  and  con- 
demned, shall  be  divided  equally  between  the  United  States  and  the 
officers  and  men  who  shall  seize,  take,  or  bring,  the  same  into 
port  for  condemnation,  whether  such  seizure  be  made  by  an  armed 
vessel  of  the  United  States  or  revenue  cutter  thereof:  and  the 
same  shall  be  distributed  in  like  manner  as  is  provided  by  law  for 
the  distribution  of  prizes  taken  from  an  enemy  :  Provided,  That 
the  officers  and  men,  to  be  entitled  to  one  half  of  the  proceeds 
aforesaid,  shall  safe  keep  every  negro,  mulatto,  or  person  of  col- 
our, found  on  board  of  any  ship  or  vessel  so  seized,  taken,  or 
brought  into  port  for  condemnation,  and  shall  deliver  every  such 
negro,  mulatto,  or  person  of  colour,  to  the  marshal  of  the  district  into 
which  they  are  brought,  if  into  a  port  of  the  United  States,  or,  if 
elsewhere,  to  such  person  or  persons  as  shall  be  lawfully  appoint- 
ed by  the  President  of  the  United  States,  in  the  manner  hereinafter 
directed,  transmitting  to  the  President  of  the  United  States,  as  soon 
as  may  be  after  delivery,  a  descriptive  list  of  such  negroes,  mulat- 
toes,  or  persons  of  colour,  that  he  may  give  directions  for  the  dis- 
posal of  them.  Jind  provided  further,  That  the  commanders  of 
such  commissioned  vessels,  do  cause  to  be  apprehended,  and  taken 
into  custody,  every  person  found  on  board  of  such  vessel,  so  seized 
and  taken,  being  of  the  officers  or  crew  thereof,  and  him  or  them  con- 
vey, as  soon  as  conveniently  may  be,  to  the  civil  authority  of  the 
United 'States,  to  be  proceeded  against,  in  due  course  of  law.  in, 
some  of  the  districts  thereof. 

SECT.  2.  Jind  be  it  further  enacted,  That  the  President  of  the 
United  States  be,  and  he  is  hereby,  authorized,  to  make  such  regu- 
lations and  arrangements,  as  he  may  deem  expedient,  for  the  safe 
keeping,  support,  and  removal  beyond  the  limits  of  the  United 
States,  of  all  such  negroes,  mulattoes,or  persons  of  colour,  as  may 
be  so  delivered  and  brought  within  their  jurisdiction  :  and  to  ap- 
point a  proper  person  or  persons,  residing  upon  the  coast  of  Afri- 
ca, as  agent  or  agents  for  receiving  the  negroes,  mulattoes,  or  per- 
sons of  colour,  delivered  from  on  board  vessels,  seized  in  the  pros- 
ecution of  the  slave  trade,  by  commanders  of  the  United  States' 
armed  vessels. 

SECT.  3.  And  be  it  further  enacted,  That  a  bounty  of  twenty-five 
dollars  be  paid  to  the  officers  and  crews  of  the  commissioned  ves- 
sels of  the  United  States,  or  revenue  cutters,  for  each  and  every 
negro,  mulatto,  or  person  of  colour,  who  shall  have  been,  as 
hereinbefore  provided,  delivered  to  the  marshal  or  agent  duly  ap- 
pointed to  receive  them  :  and  the  Secretary  of  the  Treasury  is 


180 

hereby  authorized  and  required  to  pay,  or  cause  to  be  paid,  to 
such  officefs  and  crews,  or  their  agent,  the  aforesaid  bounty,  for 
each  person  delivered  as  aforesaid. 

SECT  4.  And  be  it  further  enacted,  That  when  any  citizen,  or 
other  person,  shall  lodge  information,  with  the  attorney  for  the  dis- 
trict of  any  state  or  territory,  as  the  case  may  be,  that  any  negro, 
mulatto,  or  person  of  colour,  has  been  imported  therein,  con- 
trary to  the  provisions  of  the  acts  in  such  case  made  and  pro- 
vided, it  shall  be  the  duty  of  the  said  attorney  forthwith  to  com- 
mence a  prosecution  by  information  ;  and  process  shall  issue 
against  the  person  charged  with  holding  such  negro,  negroes,  mu- 
latto, mulattoes,  person  or  persons  of  colour,  so  alleged  to  he  im- 
ported contrary  to  the  provisions  ol  the  ac»s  aforesaid  :  And  if, 
upon  the  return  of  the  process  executed,  it  shall  be  ascertain- 
ed, by  the  verdict  of  a  jury,  tlvtt  such  negro,  negroes,  mulatto, 
muhittoes,  person  or  persons  of  colour,  have  been  brought  in, 
contrary  to  the  true  intent  and  meaning  of  the  acts  in  such  cases 
made  and  provided,  then  the  court  shall  direct  the  marshal  of  the 
said  district  to  take  the  said  negroes,  mulattoes,  or  persons  of  col- 
our, into  his  custody,  for  safe  keeping,  subject  to  the  orders  of  the 
President  of  the  United  States  ;  and  the  informer  or  informers, 
who  shall  have  lodged  the  information,  shall  be  entitled  to  receive, 
over  and  above  the  portion  of  the^  penalties  accruing  to  him  or 
them  by  the  provisions  of  the  acts  in  such  case  made  and  provided, 
a  bounty  of  fifty  dollars,  for  each  and  every  negro,  mulatto,  or  per- 
son of  colour,  who  shall  have  been  delivered  into  the  custody  of  the 
marshal  ;  and  the  Secretary  of  the  Treasury  is  hereby  authorized 
and  required  to  pay,  or  cause  to  be  paid,  the  aforesaid  bounty,  up- 
on the  certificate  of  the  clerk  of  the  court  for  the  district  where 
the  prosecution  may  have  been  had,  with  the  seal  of  office  there- 
to annexed,  stating  the  number  of  negroes,  mulattoes,  or  persons 
of  colour,  so  delivered. 

SECT.  5.  And  be  it  further  enacted.  That  it  sh.tll  be  the  duty  of 
the  commander  of  any  armed  vessel  of  the  United  States,  whenev- 
er he  shall  make  any  capture  under  the  provisions  of  this  act,  to 
bring  the  vessel  and  her  cargo,  for  adjudication,  into  some  of  the 
ports  of  the  state  or  territory  to  which  such  vessel,  so  captured, 
shall  belong,  if  he  can  ascertain  the  same  ;  if  not,  then  to  be  sent 
into  any  convenient  port  of  the  United  States. 

SECT.  6.  And  be  it  further  enacted,  That  all  such  acts,  or  parjs  of 
acts,  as  may  be  repugnant  to  the  provisions  of  this  act,  shall  be, 
and  the  same  are  hereby,  repealed. 

SECT.  7.  And  be  it  further  enacted,  That  a  sum  not  exceeding 
one  hundred  thousand  dollars  be,  and  the  same  is  hereby,  appro- 
priated to  carry  this  law  into  effect.  [Approved,  March  3,  1819. 


An  ACT  to  continue  in  force  "  An  act  to  protect  the  Commerce  of  the  United 
States  and  punish  the  crime  of  Piracy,"  and  also  to  make  further  Provision  for 
punishing  the  crime  of  I  iracy.     [Laws  U.  S.  vol.  6,  p.  529.] 
[SECT.  I.]   Be  it   enacted  by  the  Senate  and  House  nf  Representa- 
tives of  the  United  States  of  America  in  Congress  assembled,  That 


181 

the  first,  second,  third,  and  fourth,  sections  of  an  act,  entitled  "  AD 
act  to  protect  the  commerce  of  the  United  States  and  punish  the 
crime  of  piracy,"  passed  on  the  third  d;iy  of  March,  one  thousand 
eight  hundred  and  nineteen,  be,  and  the  same  are  hereby,  continued 
in  force,  from  the  passing  of  this  act  for  the  term  of  two  years,  and 
from  thence  to  the  end  of  the  next  session  of  Congress,  and  no 
.longer. 

SECT  2.  And  be  it  further  enacted.  That  the  fifth  section  of  the 
said  act  be,  and  the  same  is  hereby,  continued  in  force,  as  to  all 
crimes  made  punishable  by  the  same,  and  heretofore  committed,  in 
all  respects,  as  fully  as  if  the  duration  of  the  said  section  had  been 
without  limitation. 

SECT.  3.  And  be  it  further  enacted,  That  if  any  person  shall,  upon 
the  high  seas,  or  in  any  open  roadstead,  or  in  any  haven,  basin,  or 
bay,  or  in  any  river  where  the  sea  ebbs  and  flows,  commit  the  crime 
of  robbery,  in  or  upon  any  ship  or  vessel,  or  upon  any  of  the  ship's 
company,  of  any  ship  or  vessel,  or  the  lading  thereof,  such  person 
shall  be  adjudged  to  be  a  pirate  ;  and,  being  thereof  convicted,  be- 
-  fore   the   Circuit  Court   of  the  United  Slates  for  the  district  into 
which  he  shall  be  brought,  or  in  which  he  shall  be  found,  shall  suf- 
fer death.     And  if  any  person  engaged  in  any  piratical  cruise  or  en- 
terprise, or  being  of  the  crew  or  ship's  company  of  any  piratical  ship 
or  vessel,  shall  land  from  such  ship  or  vessel,  and,  on  shore,  shall 
~\^    commit  robbery,  such  person  shall  be  adjudged  a  pirate  ;  and,  ou 
/r'\  conviction  thereof,  before  the  Circuit  Court  of  the  United  States 
)  for  the  district  into  which  he  shall  be  brought,  or  in  which  he  shall 
I /  be  found,  shall  suffer  death  :  Provided,  That  nothing  in  this  sec- 
tion contained  shall  be  construed  to  deprive  any  particular  State  of 
its  jurisdiction  over  such  offences,  when  committed  within  the  body 
of  a  county,  or  authorize  the  Courts  of  the  United  States  to  try  any 
such  offenders,  after  conviction  or  acquittance,  for  the  same  offence, 
in  a  state  court. 

SECT.  4.  And  be  it  further  enacted,  That  if  any  citizen  of  the 
United  States,  being  of  the  crew  or  ship's  company  of  any  foreign 
ship  or  vessel  engaged  in  the  slave  trade,  or  any  person  whatever, 
being  of  the  crew  or  ship's  company  of  any  ship  or  vessel,  owned 
in  the  whole  or  part,  or  navigated  for,  or  in  behalf  of,  any  citizen 
or  citizens  of  the  United  States,  shall  land,  from  any  such  ship  or 
vessel,  and,  on  any  foreign  shore,  seize  aoy  negro  or  mulatto,  not 
held  to  service  or  labour  by  the  laws  of  either  of  the  states  or  terri- 
tories of  the  United  States,  with  intent  to  nvike  such  negro  or  mu- 
latto, a  slave,  or  shall  decoy,  or  forcibly  bring  or  carry,  or  shall  re- 
ceive, such  negro  or  mulatto  on  board  any  such  ship  or  vessel,  with 
intent  as  aforesaid,  such  citizen  or  person  shall  be  adjudged  a  pi- 
rate ;  and,  on  conviction  thereof,  before  the  Circuit  Court  of  the 
United  States  for  the  district  wherein  he  may  be  brought  or  found, 
shall  suffer  denth. 

SECT.  5.  And  be  it  further  enacted,  That  if  any  citizen  of  the 
United  States,  being  of  the  crew  or  ship's  company  of  any  foreign 


182 

ship  or  vessel  engaged  in  the  slave  trade,  or  any  person  whatever, 
being  of  the  crexv  or  ship's  company  of  any  ship  or  vessel,  owned 
wholly  or  in  part,  or  navigated  for,  or  in  behalf  of,  any  citizen  or 
citizens  of  the  United  States,  shall  forcibly  confine  or  detain,  or  aid 
and  abet  in  forcibly  confining  or  detaining,  on  board  such  ship  or 
vessel,  any  negro  or  mulatto  not  held  to  service  by  the  laws  of  ei- 
ther of  the  states  or  territories  of  the  United  States,  with  intent  to 
make  such  negro  or  mulatto  a  slave,  or  shall,  on  board  any  such  ship 
or  vessel,  offer  or  attempt  to  sell,  as  a  slave,  any  negro  or  mulatto 
not  held  to  service  as  aforesaid,  or  shall,  on  the  high  seas,  or  any 
where  on  tide  water,  transfer  or  deliver  over,  to  any  other  ship  or 
vessel,  any  negro  or  mulatto,  not  held  to  service  as  aforesaid  with 
intent  to  make  such  negro  or  mulatto  a  slave,  or  shall  land,  or  deli- 
ver on  shore,  from  on  board  any  such  ship  or  vessel,  any  such  ne- 
gro or  mulatto,  with  intent  to  make  sale  of,  or  having  previously 
sold,  such  negro  or  mulatto,  as  a  slave,  such  citizen  or  person  shall 
be  adjudged  a  pirate  ;  and,  on  conviction  thereof,  before  the  Circuit 
Court  of  the  United  States  for  the  district  wherein  he  shall  be 
brought  or  found,  shall  suffer  death. 

[Approved,  May  15,  1820.] 


Copy  of  General  instructions,  for  officers  commanding  cruising  vessels. 
NAVY  DEPARTMENT, 

SIR  :  enclosed  you  have  a  copy  of  an  Act  of  Congress,  by  which 
you  will  perceive  that  a  high  and  delicate  power  is  vested  in  the 
President,  in  authorizing  him  to  employ  our  public  armed  ships  in 
protecting  the  merchant  vessels  of  the  United  States  and  their  crews, 
from  piratical  aggressions  and  depredations.  It  will  readily  occur 
to  you,  that,  considering  the  situation  in  which  we  stand  in  relation 
to  Spain  and  the  South  American  Colonies,  the  authority  given  un- 
der this  Act,  must  be  exercised  with  the  utmost  caution  and  pru- 
dence by  our  public  vessels.  You  have  the  whole  Act  laid  before 
you,  that  you  may  see  its  general  scope  and  object ;  but  you  will 
observe  that  the  execution  of  the  law  is  under  the  direction  of  the 
President,  so  far  as  respects  the  employment  of  our  public  vessels. 
Your  conduct  will  therefore  be  regulated  by  your  instructions,  al- 
though they  may  not  go  to  the  full  length  the  law  might  possibly 
warrant. 

Under  the  second  section  of  the  Act,  authority  is  given  to  subdue, 
seize,  take,  and  send  into  any  port  of  the  United  States,  any  armed 
vessel  or  boat,  or  any  vessel  or  boat,  the  crew  whereof  shall  be 
armed,  and  which  shall  have  attempted  or  committed  any  piratical 
aggression,  search,  restraint,  depredation,  or  seizure,  upon  any  ves- 
sel of  the  United  States,  or  of  the  citizens  thereof,  or  upon  any  other 
vessels. 

From  the  generality  Of  this  latter  description  of  vessels,  it  would 
seem  to  embrace  those  of  every  nation  or  country  upon  which  any 
piratical  aggressions  may  have  been  committed.  Admitting  the  Act 
might  be  extended  thus  far,  it  does  not  appear  to  have  been  the 


183 

general  object  of  the  law  ;  and  it  is  thought  by  the  President  most 
advisable,  at  present,  not  to  give  it  a  like  indiscriminate  practical 
construction  as  to  all  vessels.  The  great  object,  as  pointed  out  in 
the  first  section  of  the  Act,  was  to  protect  the  merchant  vessels  of 
the  United  States  and  their  crews,  from  piratical  aggressions.  This 
will,  therefore,  be  considered  your  particular  and  special  duty.  If, 
however,  you  shall  discover  depredations  upon  other  vessels,  com- 
mitted under  such  gross  and  aggravated  circumstances,  as  to  leave 
little  doubt  of  their  piratical  character,  it  will  be  your  duty  to 
capture  and  bring  in  the  aggressors.  It  is  thought  most  advisable 
thus  to  distinguish  in  your  instructions,  because,  among  other  con- 
siderations, it  will  be  seen,  that,  under  the  second  section  of  the 
Act,  you  are  only  authorized  to  retake  vessels  of  the  United  Slates  or 
its  citizens,  which  may  have  been  unlawfully  captured  upon  the 
high  seas.  No  authority  is  given  to  retake  the  vessels  of  any  for- 
eign nation  or  country. 

You  will  ;dso  perceive,  under  this  second  section  of  the  Act,  au- 
thority is  only  given  to  subdue,  seize,  and  take,  such  vessels  or  boats, 
&c.  as  shall  have  attempted  or  committed,  some  piratical  aggression. 
Whatever  well  grounded  suspicions  you  may  entertain,  that  a  ves- 
sel may  have  been  fitted  out,  and  is  intended  to  be  employed  in  such 
depredations,  you  will  not  molest  her,  unless  you  have  satisfactory 
evidence  that  she  has  either  attempted,  or  actually  committed,  some 
piratical  aggression  on  some  merchant  vessel  of  the  United  States, 
or  her  crew,  or  upon  some  other  vessel,  under  the  special  circum- 
stances above  mentioned.  This  is  to  be  considered  an  important 
and  leading  regulation  in  your  conduct,  as  it  will  be  a  strong  and 
almost  controlling  circumstance,  (considering  we  are  at  peace  with 
all  the  world,)  in  making  up  your  judgment,  whether  you  are  safe 
and  justifiable  in  treating  them  as  pirates.  Whenever,  therefore, 
you  shall  find  any  boats  or  vessels,  the  crews  whereof  have  commit- 
ted any  actual  violence,  outrage,  or  depredation,  upon  any  vessels- 
of  the  United  States,  or  the  citizens  thereof,  or  any  other  vessel-:,  as 
above  mentioned,  you  will  consider  yourself  authorized  to  subdue, 
seize,  and  take  them  ;  and,  unless  on  such  capture,  you  shall  be  sat- 
isfied that  they  were  acting  under  some  lawful  authority,  and  not  pi- 
ratically,  to  send  them  in  for  adjudication. 

The  range  of  your  cruise  will  be  along  the  coast  of  the  United 
States  and  the  Floridas,  in  the  Gulf  of  Mexico,  and  among  the  West- 
India  Islands  ;  changing  your  position  in  such  manner  as  shall  best 
answer  the  object  of  your  cruise,  touching  at  such  ports  and  places 
as  may  be  necessary  and  proper  to  procure  supplies,  and  to  obtain 
information,  the  better  to  enable  you  to  carry  into  effect  the  objects 
contemplated  in  the  Act  of  Congress.  Great  reliance  is  placed  on 
your  prudence  and  sound  discretion,  that  you  will  so  execute  the 
power  entrusted  to  you,  as  to  protect  the  commerce  of  the  United 
States,  without  infringing  the  lawful  rights  of  any  other  nation  or 
country,  their  citizens  or  subjects.  AIT  captures  made  by  you,  will 
be  sent  into  one  of  the  following  ports  :  Boston.  New-York.  Norfolk, 
Charleston,  Savannah,  or  l^ew-Orleans. 


184 

It  on  have,  also,  enclosed,  such  parts  of  several  Acts  of  Congress 
prohibiting  the  importation  of  slaves  into  any  ports  or  places  within 
the  jurisdiction  of  the  United  States,  as  are  necessary  to  point  out 
to  yon  your  duty  and  authority  under  these  laws  ;  and  it  is  expected 
ami  required  of  you,  by  the  President,  that  a  strict  and  vigilant  at- 
tention be  paid  to  the  direction  therein  contained  ;  that,  if  possible, 
this  inhuman  and  disgraceful  traffic  may  be  suppressed. 

By  the  Act  of  the  20th  \pril,  1818,  you  will  perceive  that  it  is 
made  unlawful  to  import  or  bring,  in  any  manner  whatsoever,  into 
the  United  States  or  Territories  thereof,  from  any  foreign  kingdom, 
place  or  country,  any  negro,  mulatto,  or  person  of  colour,  with  in- 
tent to  hold,  sell  or  dispose  of  such  person  as  a  slave,  or  to  be  held 
to  service.  By  this  Act  it  is  also  made  unlawful  for  any  citizen  of 
the  United  States,  or  other  person,  to  build,  equip,  load,  fit,  or 
otherwise  prepare,  any  ship  or  vessel  in  any  port  or  place  within 
the  jurisdiction  of  the  United  States,  or  to  cause  any  such  ship  or 
vessel  to  sail  from  any  port  or  place  whatsoever,  within  the  jurisdic- 
tion of  the  United  States,  for  the  purpose  of  procuring  and  trans- 
porting any  such  slaves  to  any  port  or  place  whatever.  And  any 
ship  or  vessel  employed  in  such  importation  of  slaves,  or  so  built, 
fitted  out,  or  prepared,  is  liable  to  be  seized  and  forfeited. 

And  by  the  Act  of  the  3d  March,  1819,  the  President  is  author- 
ized to  employ  any  of  the  armed  vessels  of  the  United  States  to. 
cruise  in  such  places  as  he  may  think  proper,  where  he  may  judge 
attempts  may  be  made  to  carry  on  the  slave  trade,  by  citizens  of  the 
United  States,  or  residents  thereof,  in  contravention  of  the  Acts  of 
Congress  prohibiting  the  same  ;  and  to  instruct  such  armed  vessels 
to  seize,  take,  and  bring  into  any  port  of  the  United  States,  to  be 
proceeded  against  according  to  law,  all  ships  or  vessels  of  the  Uni- 
ted States,  wheresoever  found,  which  may  have  taken  on  board, 
or  which  may,  be  intended  for  the  purpose  of  taking  on  board,  or  of 
transporting,  or  may  have  transported,  any  negro,  mulatto,  or  per- 
son of  colour,  in  violation  of  any  of  the  provisions  of  the  Act  of  the 
20th  April,  1818,  above  referred  to,  or  in  violation  of  any  other 
Act  or  Acts,  prohibiting  the  traffic  in  slaves. 

^ou  will  perceive  from  the  generality  of  the  provisions  in  these 
laws,  you  am  authorized  to  take  and  bring  in  all  ships  or  vessels  of 
the  United  States,  which  may  have  been  in  any  manner  employed, 
or  intended  to  be  employed  in  the  slave  trade  ;  or  any  other  vessel 
offending  against  the  provisions  of  any  of  the  laws  you  have  enclo- 
sed. You  will  particularly  notice,  the  two  provisos  to  the  first 
section  of  the  act  of  1819,  the  first  of  which  directs  in  what 
manner  you  are  to  keep  and  dispose  of  the  slaves  which  may 
be  found  on  board  of  any  ship  or  vessel  seized  by  you.  If 
brought  within  the  United  States,  they  .ire  to  be  delivered  to  the 
Marshal  of  the  District  where  brought  in  ;  and  transmit  the  ev- 
idence of  such  delivery  to  thi*  Department.  It  is  the  wish  of  the 
President,  however,  that  none  should  be  brought  into  the  United 
States.  Upon  the  capture,  therefore,  of  any  vessel  having  slaves 
on  board,  you  will  immediately  proceed  to  the  Island  of  Sherbro. 


185 

on  the  coast  of  Africa,  and  deliver  such  slaves  to  the  Agent  appoint 
ed  by  the  President  to  receive  them,  pursuant  to  the  provisions  oi 
the  Act,  or  to  any  other  Agent,  so  appointed,  at  any  other  piace  on 
the  coast  of  Africa.  The  second  proviso  relates  to  the  disposition 
ofthe  officers  and  crews  of  such  vessels  so  captured  by  you.  Great 
vigilance  will  be  expected  from  you  in  the  safe  keeping  of  all  such 
officers  and  crews,  until  they  shall  be  handed  over  to  the  civil  au- 
thority to  be  proceeded  against  according  to  law. 

You  will  also  observe,  that  by  the  fifth  section  of  this  Act,  it  is 
made  your  duty  to  bring  any  vessel  and  her  cargo,  yon  may  capture, 
into  some  of  the  ports  of  the  State  or  Territory  to  which  the  cap- 
tured vessel  shall  belong,  if  you  can  ascertain  the  same  ;  if  not, 
then  into  any  convenient  port  of  the  United  States. 

The  range  of  your  cruising  for  this  purpose,  will  be  the  same  as 
that  pointed  out  in  the  former  part  of  your  instructions,  in  relation 
to  pirates. 

1  am,  very  respectfully,  your  most  obedient  Servant, 


NAVY  DEPARTMENT,  February  4th,  1823. 

SIR  :  Since  you  left  here  it  has  been  strongly  urged  to  keep 
part  of  our  naval  force  to  windward,  to  watch  the  Spanish  priva- 
teers, and  particularly  about  Porto  Rico,  and  thence  to  Laguira  and 
Porto  Cabello.  I  wish  you  to  distribute  a  part  of  your  force  m 
that  quarter. 

I  am,  respectfully,  &c. 

(Signed)  SMITH  THOMPSON. 

Com.  DAVID  PORTER,  Commanding  U.  S.  Squadron,  Norfolk,  Va. 

I  certify  that  the  above   is  a  true  copy  from  the  original. 

CHAS,  HAY,  Chief  Clerk. 
NAVT  DEPARTMENT,  \\thMay,  1825. 

NAVT  DEPARTMENT,  April  5th,  1823. 

Sm  :  I  enclose,  for  your  information,  two  copies  of  a  printed 
statement,  in  relation  to  a  piracy,  committed  in  December  last,  on  the 
Brig  Two  Brothers,  of  Newburyport,  Anthony  Knupp  jr.  master. 

1  am,  respectfully,  &c. 

(Signed)  SMITH  THOMPSON, 

Com.  DAVID  PORTER,  Commanding  U.  S.  Naval  force,  West  Indies. 

I  certify  that  the  above  is  a  true  copy  from  the  original. 

CHAS.  HAY,  Chief  Clerk. 
NAVTT  DEPARTMENT,  llth  May,  1825. 

NAVT  DEPARTMENT,  23re?  May,  1823. 

SIR  :  I  have  the  honour  to  acknowledge  the  receipt  oi'  your  let- 
ter, bearing   date  Matanzas,  16th   April  last  j  communicating  the 
partial  accomplishment  of  your  arrangements  for  accommodation  at 
Thompson's  Island — the  distribution  of  the  force  under  your  com- 
24 


mand— the  gallant  conduct  of  Lieutenant  Stribling,  in  the  capture 
of  the  pirate  "  Pilot,"  with  a  detachment  from  your  squadron  with- 
out loss  on  his  side,  and  your  regret  at  the  necessity  which  has  com- 
pelled you,  from  the  insufficiency  of  your  number  of  men,  to  lay  up 
the  Peacock;  thereby  preventing  you  from  giving  to  your  plan  of 
operations,  the  extension  and  activity  at  first  contemplated.  Great 
satisfaction  is  felt,  at  the  prevalence  of  such  general  health  in  your 
squadron  ;  and  hopes  are  entertained  that,  by  its  continuance,  the 
important  object  you  have  in  view  will  be  more  speedily  and  ef- 
fectually obtained,  and  unattended,  likewise,  by  any  of  those  unfor- 
tunate concomitants  incident  to  a  climate,  peculiarly  obnoxious,  and 
a  service  somewhat  oppressive. 

Some  relief,  however,  will  he  afforded  you,  when  the  perform- 
ance of  the  particular  duties,  assigned  to  the  commander  of  the  John 
Adams  and  Enterprize,  shall  enable  them  to  form  a  junction  with 
your  force,  and  plape  themselves,  (as  expressly  instructed,)  under 
your  command.  Instructions  have  been  given  to  the  commanders 
of  those  vessels  to  use  all  possible  despatch  in  the  execution  of 
their  previous  ordersy  and  report  themselves  to  you  for  such  service 
as  may  be  assigned  them,  in  aid  of  your  general  operations.  By  refer- 
ence to  their  sailing  orders,  and  general  instructions,  which  they  will 
present  to  you  for  examination,  you  will  be  more  particularly  in- 
formed of  the  extent  of  your  authority  over  them,  and  can  conse- 
quently assign  to  them  that  sphere  of  operation,  which  you  may 
think  best  adapted  to  the  promotion  of  the  objects  you  have  in  view. 
The  Spark  is  rapidly  refitting,  to  he  despatched,  when  ready,  to 
reinforce  your  squadron,  and  act  under  your  command. 

Whenever  it  is  practicable  to  procure  supplies  for  the  squad- 
ron from  this  country — you  will  do  so  ;  as  they  can  be  furnished 
upon  terms  more  economical,  and  of  a  quality  very  superior.  I 
enclose  copy  of  a  letter,  addressed  to  Captain  Patterson,  in  rela- 
tion to  his  detention  and  employment  of  the  schooner  Grampus, 
which  will  give  you  my  views  upon  the  subject. 

With  great  respect,  &c. 
(Signed)  SMITH  THOMPSON. 

Capt.  DAVID  PORTER, 

Commanding  U.  S.  Naval  force,  W.  I.  station,  Tliompsori1  s  Island, 

certify  that  the  above  is  a  true  copy  from  the  original. 

CHAS.  HAY 
NAVY  DEPARTMENT,  Mth  May,  1825. 


NAVY  DEPARTMENT,  7ih  June,  1823. 

SIR  :  I  have  the  honour  to  acknowledge  the  receipt  of  your  let- 
ter of  the  10th  ult.,  in  which  you  complain  of  the  absence  of  those 
vessels  of  war  of  the  United  States,  which  you  had  supposed  were 
to  form  a  part  of  you*  squadron,  and  afford  you  assistance  ia  the 
^     "duties  assigned  you. 


187 

The  supposition  was  correct ;  but  it  is  scarcely  possible  to  assign 
causes  which  will  afford  you  any  light  upon  this  subject,  except  as 
they  may  relate  to  those  vessels  which  have  returned  to  the  United 
States,  and  are  now  rapidly  refitting  to  be  sent  out  to  your  com- 
mand. 

The  orders  under  which  some  of  the  commanders  acted,  being 
anterior  in  date  to  your  appointment  to  the  entire  command,  allow- 
ed a  greater  latitude  of  discretion,  than  will  be  observed  when  they 
shall  have  united  their  respective  commands  with  yours  ;  and  in 
the  exerrise  of  this  power,  may  probably  be  found  the  reasons  of 
their  absence.  Your  own  examination  of  their  orders,  when  you 
meet,  will  confirm  or  reject  the  above  suggestion. 

The  vessels  intended  to  be  placed  immediately  and  ultimately 
under  your  command,  are  comprised  in  the  annexed  list  marked  A, 
in  which  those  designated  by  the  letter  B,  in  red,  are  the  vessels, 
now  and  lately  in  the  United  States,  refitting  for  the  West  India 
service,  where  they  will  proceed,  as  soon  as  they  shall  have  per- 
formed some  indispensable,  but  temporary  duties,  which  have  been 
assigned  them. 

I  also  annex  a  list  marked  C,  which  gives  the  names  of  those 
Lieutenants  and  Midshipmen  who  have  been  ordered  to  report  to 
you  for  uuty,  and  to  whom  you  will  assign  such  parts  thereof  as,  in 
your  judgment,  will  best  promote  the  interests  of  the  service,  and 
the  object  to  be  attained. 

Your  force,  when  once  united,  will  be  amply  sufficient  for  the 
accomplishment  of  your  views,  as  well  as  the  better  accommoda- 
tion of  yourself  and  those  under  your  command  ;  and  you  will,  no 
doubt,  give  it  such  distribution  and  arrangement,  as  will  unite  these 
objects. 

The  vessels  ordered  to  join  you,  (which  are  enumerated  in  the 
paper  A,)  will  enable  you,  in  pursuing  your  first  plan,  to  afford 
more  adequate  convoy  to  merchantmen,  while  the  ability  for  ex- 
amining and  searching  the  coasts  and  inlets,  for  the  lurking  places 
of  pirates,  by  means  of  the  schooners  and  barges,  will  be  greatly 
increased. 

Every  assistance  which  the  Department  can  afforl,  consistently 
with  its  other  relations,  shall  be  cheerfully  and  promptly  extended  ; 
and  while  a  just  expectation  is  indulged  that,  from  the  extent  and 
character  of  the  means  afforded,  the  object  contemplated  will  be 
speedily  and  satisfactorily  realized  ;  no  doubt  is  entertained  of  the 
zeal  and  ability  that  will  be  exerted  on  the  part  of  those  entrusted 
with  the  performance. 

Too  much  attention  cannot  be  placed  upon  the  cleanliness  of  the 
men,  and  the  good  condition  of  the  vessels  ;  for,  to  causes  incident 
to  every  naval  service  in  the  generation  of  disease  and  mortality, 
are  superadded,  the  baneful  influence  of  a  tropical  climate  upon 
constitutions  unaccustomed  to  its  operations,  and  unprepared  for  its 
effects. 


188 

I  refer  you  particularly  to  my  letter  of  the  23d  ult.  for  instruc- 
tions in  relation  to  the  purchase  of  supplies,  and  the  negotiation  of 
drafts  upon  the  Department ;  and  am,  with  great  respect,  sir,  your 
obedient  servant, 

SMITH  THOMPSON. 

Capt.  DAVID  PORTER,  Commanding   U.  S.  West   India  Squadron,    Thomp- 
son'1! Island. 

NAVY  DEPARTMENT,  l2th  May,  1825. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  records  of  the 
Department.  CHA'S  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  August  19,  1823. 

SIR  :  In  the  last  paragraph  of  your  letter,  dated  the  1st  instant, 
transmitted  by  the  U.  S  schooner  Ferret,  you  mention  that  circum- 
stances will,  towards  the  fall,  render  your  return  to  the  United 
States,  for  a  short  period,  necessary  ;  you  will  please  to  avail  your- 
self of  the  time  most  suited  for  this  purpose,  and  return  to  the  United 
States  in  the  manner  most  convenient  to  yourself,  and  least  preju- 
dicial to  the  interests  of  the  service. 

I  am,  very  respectfully,  Sir,  your  most  obedient  servant, 

(Signed)  SMITH  THOMPSON. 

Comm'e  DAVID  PORTER,  Comm*g  U.  S.  Naval  Forces,  West  Indies,  Sfc. 

I  certify  that  the  above  is  a  true  copy  from  the  original  on  re- 
cord in  the  Navy  Department. 

llthMay,  1825.  CHAS.  HAY,  Chief  Clerk. 


NAVY  DEPARTMENT,  Wthdugusf,  1823. 

SIR  :  Your  letter  of  the  1st  inst.  relative  to  the  transportation  of 
specie,  from  Vera  Cruz  to  Cadiz,  has  been  submitted  to  the  Presi- 
dent ;  and  it  would  afford  both  him  and  myself  areat  pleasure  to 
comply  with  your  request,  could  it  be  done  consistently  with  the 
shonour  of  the  American  flag,  and  the  relation  in  which  we  stand  to 
the  belligerents. 

Your  letter  is  not  explicit,  as  to  whom  the  money  belongs. 
I  take  it  for  granted,  however,  it  is  Spanish  property,  and  from  the 
amount,  most  likely  belonging  to  the  Spanish  government.  lu  either 
case,  it  is  deemed  inadmissible  to  employ  our  public  armed  vessels 
for  its  transportation  ;  under  no  circumstances  could  it  be  permitted 
to  send  a  vessel  direct  from  Vera  Cruz  to  Cadiz.  Should  I  be  un- 
der a  misapprehension  -is  to  the  ownership  of  the  property,  and, 
tipon  further  explanation,  your  request  can  with  propriety  be  com- 
plied with,  I  can  assure  you  it  will  give  me  great  satisfaction  to  pro- 
mote your  interest  in  this  respect. 

I  am,  very  respec'full),  &c. 

(Signed)  SMITH  THOMPSON. 

ComnTe  DAVID  PORTKR,  Com 'g  U.  S.  Natal  forces,  West  Indies,  &c . 


189 

NAVY  DEPARTMENT,  10th  May,  1825. 

I  certify  that  the  above  is  a  correct  copy  from  the  records  of  this 
Department.  CHAS.  HAY,  Chief  Clerk. 


NAVY  DEPARTMFNT,  27th  September,  1823. 

SIR  :  The  U.  S.  schooner  Weazel,  under  the  command  of  Lieuf. 
John  P.  Zantzinger,  will  sail  this  day  for  Thompson's  Island,  and 
take  the  route  pointed  out  in  your  orders  to  Lieut.  Kennon  of  the 
14th  August  last.  It  was  not  possible  to  prepare  her  to  sail  at  an 
earlier  day-  The  Beadle  will  be  re-ady  in  three  or  four  days. 

The  schooner  Shark,  having  on  board  Commodore  Rodgers,  and 
several  Surgeons,  will  leave  New  York  about  the  1st  October,  and 
reach  Thompson's  Island  as  soon  as  practicable.  The  uncertainty 
and  anxiety  which  prevail  as  to  your  own  health,  and  the  health  of 
the  squadron,  an  1  a  desire  to  furnish  the  best  assistance  and  procure 
information  which  may  be  a  safe  guide  on  all  future  occasions,  are 
the  inducements  to  this  measure.  The  orders  of  Commodore 
Rodders  will  be  communicated  to  you  on  his  arrival,  and  you  will 
render  all  the  aid,  which  your  health  will  permit,  in  accomplishing 
the  object  of  his  visit.  It  is  intended  that  you  shall  remain  in  com- 
mand of  the  station,  or  return  home,  as  your  health  may  require, 
and  inclination  prompt.  Commodore  Rodders  will  return  immedi- 
ately after  he  shall  have  accomplished  the  object  of  his  visit. 

It  is  wished  tha/  Midshipman  Hoban   should  return  in  the  first 
vessel  from  Thompson's  Island  to  this  place,  some  of  his  family  be- 
ing at  this  time  very  sick.  I  am,  very  respectfully,  &c. 
(Signed)  SAM'L  L.  SOUTHARD. 

I  certify  that  the  above  is  a  true  copy  of  the  original  on  h'le  in  the 
Navy  Department.  CHAS.  HAY,  Chief  Clerk, 

llth  May,  1825. 


The  Secretary  of  the  Navy  to  Commodore  Porter. 

NAVY  DEPARTMENT,  Sept.  29,  1823. 

MY  PEAR  SIR  :  This  letter  will  be  handed  to  you  by  Commodore 
Rodgers.  The  object  of  his  visit  to  Thompson's  Island  will  be  ful- 
ly communicated  to  you  by  him.  The  various,  and  in  many  points 
contradictory,  reports,  respecting  the  condition  of  the  station,  the 
uncertainty  whether  you  still  live,  the  deepest  anxiety  for  your  safe- 
ty, the  desire  to  furnish  speedy  relief,  and  acquire  full  information 
respecting  the  health  of  the  station,  and  its  fitness  as  a  rendezvous 
during  the  sickly  season,  and  the  fear,  that,  debilitated  as  you  are, 
you  could  not  secure  that  information  for  us,  have  prompted  the 
wish  that  Commodore  Rodgers  should  undertake  the  expedition,  and 
have  induced  him,  cheerfully,  and  voluntarily  to  enter  on  its  per- 
formance. 

He  will  find  united  in  it  the  sacred  offices  of  private  friendship 


190 

and  public  duty.     A  report  that  your  health  is  restored  will  give  to 

me,  individually,  and  to  the  nation  at  large,  most  sincere  gratification. 

1'am,  very  respectfully,  dear  sir,  yo-jr  most  obedient  servant, 

SAMUEL  L.  SOUTHARD. 

C-APT.  DAVID  PORTER,  ComrCg  U,  S.  Naval  Forces,   West  Indies  and  Gulf  of 
Mexico. 

NAVY  DEPARTMENT,  28/A  October,  182P. 

SIR  :  Your  letter  of  the  27th  inst.  has  been  received.  On  your 
recovery  from  a  dangerous  illness,  produced  by  great  exposure  and 
much  suffering,  you  will  be  pleased,  sir,  to  accept  my  sincere  con- 
gratulations. 

In  conducting  the  movements  of  the  squadron  entrusted  to  your 
charge,  you  have  displayed  that  intelligence,  promptitude,  and  vigour, 
which  effectually  arresting  the  depredations  of  the  freebooters, 
have  afforded  security  to  our  trade,  and  justly  entitle  you  to  the 
unqualiQed  approbation  of  this  Department,  and  to  the  thanks  of 
your  country. 

The  conduct  of  the  officers  and  men  under  your  command,  has 
been  such  as  might  have  been  expected,  from  the  example  of  their 
chief;  and  you  will  be  pleased,  sir,  to  assure  them  of  the  consider- 
ation in  which  their  services  are  held,  and  the  high  sense  entertain- 
ed of  their  devotion  to  a  most  arduous  and  dangerous  service. 

The  want  of  medical  aid,  of  which  you  so  justly  complain,  will 
claim  the  early  and  special  attention  of  this  Department. 

If  the  state  of  your  health  will  permit,  you  wiH  take  upon  your- 
self the  general  superintending  direction  of  the  equipment  of  the  ves- 
sels of  your  squadron,  now  at  this  yard  and  at  Norfolk.  Let  their 
commanders  report  to  you  their  wants,  that  you  may  make  them 
known  to  the  Board  of  Navy  Commissioners,  who  will  cause  every 
requisite  supply  to  be  furnished. 

1  am,  very  respectfully,  sir,  your  most  obedient  servant, 

1  CHAUNCEY,  For  the  Secretary  of  the  Navy. 

DAVID  PORTER,  Esq.  Commanding  a  squadron  in  tfie  West  Indies  and  GulJ 
of  Mexico. 

Extract  of  a  letter  from  the  Secretary  of  the  Wary  to  Commodore  Porter. 
NAVY  DEPARTMENT,  December  2rf,  1823. 

SIR  :  You  will,  as  speedily  as  possible,  with  all  the  vessels  un- 
der your  command,  resume  your  station  at  Thompson's  Island, 
and  continue  your  exertions  to  repress  piracy,  and  protect  our 
commerce. 

It  is  the  intention  of  the  Department  to  increase  the  force  under 
your  command,  as  soon  as  it  can  be  effected.  To  this  end  the  fri- 
gate Congress  will,  after  her  arrival  in  the  United  States,  be  or- 
dered to  join  you,  and  in  the  course  of  the  Spring  one  or  more 
sloops  of  war  will  be  added  to  those  already  with  you.  The  offi- 
cers engaged  in  the  survey  of  the  coast  of  Florida  will  report  to 
you,  and  you  will  communicate  their  proceedings  to  this  Department: 


191 

You  will  keep  as  constantly  as  you  can,  one  of  your  vessels  in 
the  neighbourhood  of  Vera  Cruz,  cruising  between  that  port  and 
Punto  Lazardo,  to  protect  our  commerce  in  that  quarter.  As  soon 
as  possible  send  the  Hornet,  or  one  of  the  Iare;e  schooners,  to 
cruise  on  the  Coast  of  Africa,  touching  at  Cape  Messurado,  minis- 
tering to  the  wants  of  the  African  Agency,  and  thence  returning  in 
theosual  tract  of  the  slave  ships. 

Let  the  cruise  of  the  vessel  be  such  as  will  comport,  as  far  as 
possible,  with  the  health  and  comfort  of  the  officers  and  men.  Up- 
on its  return,  you  will  report  the  proceedings  to  this  Department, 
and  send  another  vessel  upon  the  same  service. 

Our  national  vessels  ought  not,  and  must  not,  be  used  for  pur- 
poses of  commercial  adventure.  You  may  receive  on  board  spe- 
cie, and  the  articles  permitted  by  the  act  "  for  the  better  govern 
ment  of  the  Navy,"  belonging  exclusively  to  our  own  citizens,  and 
carry  them  from  one  port  or  place  to  another,  when  it  does  not,  iu 
any  degree,  interfere  with  your  other  duties,  or  violate  the  laws 
of  the  country  where  you  are.  You  may  also  bring  to  the  United 
States  specie  belonging  to  our  own  citizens,  but  you  are,  in  no  case, 
to  permit  any  thing  in  the  shape  or  character  of  public  advertise- 
ments to  be  used,  for  the  purpose  of  giving  information  that  you 
will  carry  them.  So  many  complaints  have  been  publicly  made  oa 
this  subject,  that  you  will  carefully  abstain  from  every  thing  which 
can  give  rise  to  unfriendly  comments,  and  that  the  Government 
may  know  the  extent  to  which  the  commercial  interests  of  our  cit- 
izens are  benetitted  by  the  assistance  afforded  by  our  public  vessels 
on  this  point,  and  be  prepared  to  answer  any  complaints  on  the  sub- 
ject which  may  be  made  by  individuals  or  Governments,  you  will 
from  time  to  time  make  reports  to  this  Department  of  all  the  spe- 
cie and  other  articles  you  may  carry,  the  places  to  and  from  which 
you  carry  them,  and  the  circumstances,  terms,  and  conditions  un- 
der which  you  do  it." 

I  certify  that  the  above  is  a  true  extract  from  the  records  of  the 
Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

lllk  May,  1825.  —-- 

NAVY  DEPARTMENT,  27/A  December,  182cJ. 

Sm  :  In  reply  to  your  letter  of  the  29th  ultimo,  I  inform  you 
that  it  is  not  believed  the  Executive  has  the  power  to  make  any 
rule  for  the  distribution  of  the  premium  received  for  the  transpor- 
tation of  specie. 

The  public  vessels  will  be  in  the  neighbourhood  of  Vera  Cruz, 
&.c.  and  will  be  permitted  to  receive  on  board,  and  carry  specie  un- 
der the  general  orders  heretofore  given. 

I  am,  very  respectfully,  &c. 

/Signed,)  SAftTL  L.  SOUTHARD. 

Captain  DAVID  PORTER,  Co/nm'g  U.  S.  Nai-al  Forces,  &c. 

NAVT  DEPARTMENT,  lOth  May,  1825. 

1  certify  that  the  above  is  a  correct  copy  from  the  records  of  thi? 
Department.  CHAS.  HAY.  Chief  Clerk. 


192 

Extract  of  a  letter  from  the  Secretary  of  the  Navy  to  Comm.  David  Porter,  dated, 

NAVY  DEPARTMENT,  31  st  December,  1823. 

"  I  have  heretofore  sent  you  some  accounts  of  piracies  lately 
committed,  and  I  herewith  enclose  two  more,  and  request  your 
particular  attention  to  the  letter  signed  by  Mr.  Lawrence,  and  the 
course  pointed  out  as  a  mode  of  effecting  the  object." 

Extract  of  a  letter  from  the  Secretary  of  the  Navy  to  Commodore  Porter,  dated 
3 1st  December,  1823. 

"  I  have  received  several  communications  from  you,  by  the  mail 
of  this  morning,  and  shall  attend  to  them  as  early  as  possible. 

"  I  have  ordered  Captain  Biddle,  (the  orders  sent  herewith,)  to 
report  to  you  for  duty,  and  you  will  despatch  him  in  the  Congress, 
to  the  Florida,  on  the  Thompson's  Island  station,  with  such  orders 
as  you  may  consider  necessary  to  execute  the  views  of  the  Depart- 
ment, contained  in  the  instructions  heretofore  given  you.  You  will 
send  with  him  all  the  vessels  under  your  command,  which  are  rea* 
dy,  and  will  permit  no  delay  which  is  not  indispensable. 

"  I  have  heretofore  sent  you  some  accounts  of  piracies  lately  com- 
mitted, and  1  herewith  enclose  two  more,  and  request  your  parti- 
cular attention  to  the  letter  signed  by  Mr.  Lawrence,  and  the  course 
pointed  out,  as  a  mode  of  effecting  the  object." 

I  certify   that  the  above  is  a  true  extract  of  the  original  on  re- 
cord in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk, 
llth  May  1825. 


NAVY  DEPARTMENT,  January  I9lh,  1824. 

SIR  :  I  transmit  to  you  copy  of  a  paper,  having  relation  to  the 
transportation  of  specie  from  Mexico,  in  vessels  attached  to  th.e 
squadron,  under  your  command,  and  in  violation  of  the  municipal 
regulations  of  that  country. 

I  am,  very  respectfully  sir,  your  obedient  servant, 

(Signed)  SAV1L.  L.  SOUTHARD. 

Com.  DAVID  PORTER,  Commanding  U.  S.  W.  India  squadron,  Norfolk,  Va. 

I  certify  that  the  above  is  a  true  copy  from  the   original  on  re- 
cord  in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 
llthMay,  1825. 


]\AVY  DEPARTMENT,  Jan.  Slst,  1824. 

Sin  :  In  reply  to  your  letter  of  the  14th  mst.  i  have  to  observe, 
that  it  is  my  wish,  that  the  operations  on  the  coast  of  Africa,  should 
commence  as  early  as  practicable,  it  one  of  the  vessels  under  your 
command  can  be  possibly  spared  for  tne  purpose. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

(Signed,)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PORTER,  Commanding  U.  S.  West  India  Squadron,  Norfolk,  Va. 

I  certify  that  the  above  is  a  true  copy  from  the  original  on  record 
in  the  Navy  Department,  CHA'S  HAY,  Chief  Clerk. 

May  llth,  1825, 


193 

(Copy.) 

NAVY  DEPARTMENT,  Feb.  19th,  1824. 

SIR  :  It  is  to  be  regretted  that  so  long  a  delay  in  your  sailing,  cre- 
ating so  much  personal  inconvenience  to  yourself,  has  been  neces« 
sary. 

In  consequence  of  certain  matters  of  public  importance,  I  may 
be  obliged  to  detain  you  a  very  few  days  longer  than  the  Court 
Martial  may  require  your  attendance.  I  wish  you,  however,  im- 
mediately to  inform  me,  at  what  time  you  suppose  you  will  be  re- 
lieved from  your  attendance  on  the  Court. 
I  am,  respectfully,  &c. 

(Signed,)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PORTER,  Commanding  U.  S.  squadron,  W.  I.  <3fc.  Norfolk. 


Extract  of  a  letter  from  the  Secretary  of  t  fie  Navy  to  Commodore  Porter,  dated 
the  17 tk  May,  1824. 

"  Congress  has  not,  until  within  a  few  days,  passed  an  appropriation 
law  for  the  current  year.  This  will  account  to  you  for  one  or  two 
of  the  drafts  of  Purser  Thornton  not  having  been  honoured,  and 
for  the  delay  in  preparing  the  vessels  to  join  you.  It  was  impos- 
sible, without  funds,  to  fit  out  the  Hornet  or  the  Porpoise,  and  to 
prepare  a  larger  vessel. 

There  will  be  now  as  much  activity  as  possible,  but  it  is  feared 
one  cannot  be  prepared  in  time  to  reach  you  before  the  sickly  sea- 
son commences.  It  shall  however  be  done,  if  possible." 

I  certify  that  the  above  is  a  true  extract  of  the  original  on  record 
in  the  Navy  Department.  CHA'S  HAY,  Chief  Clerk. 

llthMay,  1825. 


NAVT  DEPARTMENT,  24//i  May,  1824. 

SIR  :  Your  letter  of  the  3d  instant  has  been  received,  advising 
that  a  bill  of  exchange,  drawn  by  purser  Thornton  upon  this  De- 
partment for  $5,000,  had  been  returned  protested  ;  this  circum- 
stance is  to  be  regretted  both  as  it  respects  the  injury  done  to  the 
eredit  of  Navy  bills,  and  the  damages  incurred  in  the  present 
instance.  The  refusal  to  pay  this  draft  when  offered,  was  occasion- 
ed entirely  by  the  want  of  funds,  in  consequence  of  the  delay  in  the 
passage  of  the  annual  appropriation  bill  by  Congress,  and  an  occur- 
rence of  the  kind,  I  trust,  will  not  again  take  place. 
I  am,  very  respectfully,  your  most  obedient  servant, 

(Signed,)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PQRTER,  Commanding  U.  S.  Naval  forces,    West  Indies,  Gulf 
Mexico,  &c. 

1  certify  that  the  above  is  a  true  copy  from  the  original  on  record 
',n  the  Navy  Department,  CHA'S  HAY,  Chief  Clerk,-. 

Way  llth,  1825. 


194 

(Copy.) 


DEPARTMENT,  May  3lsf.  1824. 
SIR;  Your  letter  of  the  4th  of  May   has  been  received.     The 
Decoy  will  be  prepared  to  return  to  you  as  speedily  as  possible, 
No  provision  has  been  made  for  the  repairs  of  the  Greyhound  ;  and 
it  is  probable  that  she  will  be  laid  up  or  sold. 

When  any  vessels  are  ordered  home  for  repairs,  they  must  be 
reported  to  the  Department,  that  orders  may  be  issued  for  the  pur- 
pose. 

The  amount  of  force,  at  this  time,  on  the  station,  is  less  than 
was  intended  ;  but  the  delay  in  passing  the  appropriation  law,  has 
rendered  it  impossible  to  send  you,  either  the  Hornet  or  Porpoise. 
They  will  be  both  despatched  now,  as  soon  as  they  can  be  prepar- 
ed. This  delay  is  the  more  to  be  regretted,  as  the  Hornet  must 
either  encounter  the  rainy  season,  or  not  go  to  the  coast  of  Africa^ 
as  was  originally  designed. 

You  have  now  under  your  command,  the  John  Adams,  Hornet, 
Spark,  Porpoise,  Shark,  Sea  Gull,  Decoy,  and  seven  small  schoo- 
ners, in  all  fourteen  vessels,  exclusive  of  the  barges.     I  did  intend 
to  send  a  larger  veesel  than  any  of  them,  but  the  amount  of  the  ap- 
propriation, and  the  time  it  was  made,  will  probably   put  it  put  of 
my  power.     It  shall  still,  however,  be  done,  if  it  can  be  accom 
plished. 

I  regret  the  state  of  your  medical  aid.  You  have  now  eleven 
medical  officers  attached  to  the  station  ;  and  within  ten  months  past, 
there  have  been  under  your  command,  no  less  than  five  surgeons 
and  seventeen  surgeon's  mates  ;  many  of  them  acting  as  surgeons, 
and  fitted  for  the  office.  With  such  numbers  your  medical  assis- 
tance ought  not  to  have  been  so  reduced  as  you  state  it  to  be  at  pre- 
sent. Neither  these  nor  other  officers  must  be  permitted  to  leave 
the  station  for  slight  excuses.  If  they  are,  it  will  be  impossible 
for  the  Department  to  keep  the  station  supplied.  All  that  can  be 
done  with  the  numbers  for  which  provision  is  made  by  law,  will  be 
done.  In  the  mean  time,  those  with  you  must  be  retained,  unless 
absolute  necessity  compels  them  to  leave  you. 

I  am,  verv  respectfully,  sir,  your  most  obedient  servant, 

(Signed,)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PORTER,  commanding  U.  S  JVara/  force,  West  Indies,  Gulf  of 
Mexico  and  Coast  of  Africa,  Thompson's  Island. 

I  certify  the   foregoing  to  be  a  true  copy  from   the    record: 
of  the  Navy  Department.  CHA'S  HAY,  Chief  Clerk. 

May  IWty  1825. 

NAVY  DEPARTMENT,  19th  June,  1824. 

SIR  :  I  have  found  it  necessary  to  send  the  Hornet  to  La  Guayra, 
and  elsewhere. 

Captain  Kennedy  will,  on  his  passage,    report  to  you,  and   re- 
ceive your  orders  for  his  government,  after  he  shall  have   accom 
plished  what  is  directed  by  the  Department. 


The  Porpoise  I  have  ordered  to  proceed  to  the  coast  of  Africa, 
in  the  place  of  the  Hornet.  Lieutenant  Skinner  will,  on  his  return, 
report  to  you  for  orders. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

(Signed)  SAML.  L.  SOUTHARD. 

Com.  DAVID   PORTER,  Commanding  U.  S.  JVaval  force,  West  Indies,  Guff 
of  Mexico,  and  Coast  of  Africa,  Thompson's  Island. 

NATI  DEPARTMENT,  1  lift  May,  1825. 

I  certify  that  the  above  is  a  correct  copy  from  the  records  of 
this  Department.  CHAS.  HAY,  Chief  Clerk. 


NAVY  DEPARTMENT,  29/A  June,  1824. 

SIR  :  I  have  the  honour  to  transmit  to  you,  herewith,  copies  of 
letters,  bearing  date  the  23d  of  April,  15th,  17th,  24th,  and  two  of 
the  31st  of  May,  1824,  addressed  to  you  at  Thompson's  Island, 
which  it  is  presumed  you  have  not  received,  and  to  which  I  beg 
leave  to  call  your  attention.  Should  I  find,  upon  further  examina- 
tion, any  more  which  possibly  may  not  have  been  transmitted  in 
time  to  reach  you,  copies  shall  be  immediately  furnished. 

I  am,  with  great  respect  sir,  your  obedient  servant, 

(Signed)  CHAS.  HAY. 

Capt.  DAVID  PORTER,  Commanding  U.  S.  West  India  squadron — present. 

I  certify  that  the  above  is  a  true  copy  from  the  original  on  re- 
cord in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk, 
lllfi  May,    1825. 

NAVY  DEPARTMENT,  19//i  July,  1824. 

Sm  :  I  have  received  letters  this  day  from  Lieutenant  Com* 
mandingj  John  D.  Sloat,  announcing  his  arrival  at  New  York.  I 
send  you,  herewith,  a  copy  of  a  petition,  from  sundry  inhabitants, 
and  merchants,  and  others,  of  Matanzas,  praying  for  a  more  ef- 
ficient protection  to  our  commerce. 

You  will  perceive,  from  this  statement,  the  necessity  for  the  im- 
mediate return  of  the  Shark,  Grampus,  and  Spark,  to  their  station, 
and  you  will  therefore  order  them  out  as  speedily  as  possible. 
I  am,  very  respectfully  sir,  your  obedient  servant, 

(Signed)  SAML.  L.  SOUTHARD. 

Capt.  DAVID  PORTER,  Commanding  U.  S.  West  India  squadron,  Bedford 
Springs. 

I  certify  that  the  above  is  a  true   copy  from  the  original  on  re- 
cord in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 
IWi  May,  1825. 


(Copy.) 

NAVY  DEPARTMENT,  July  20th,  1824. 

SIR  :  It  is  the  wish  of  the  Department,  that  you  cause  a  portion 
of  the  naval  force  under  your  command,  to  touch,  occasionally,  at 


196 

the  port  of  Tampico  in  Mexico,  and  to  afford  protection  to  the  citi- 
zens of  the  United  States,  engaged  in  commerce  with  that  port. — 
Your  attention  is  particularly  directed  to  this  part  of  the  Mexican 
coast,  in  consequence  of  the  representations  contained  in  your  com- 
munication of  the  14th  inst. 
I  am,  very  respectfully,  &c. 

"(Signed.)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PORTER,  Comm'g.  U.  S.  Naval  Force,  W.  Indies,  Gulf  of  Mexico, 
and  Coast  of  Africa,  present. 

I  certify  that  the  above  is  a  true  copy  from  the  records  of  the 
Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

May  llth,  1825. 

(Copy.) 

NAVY  DEPARTMENT,  July  28th,  1824. 

SIR  :  I  enclose  to  you  copy  of  a  letter  from  Capt.  Wm.  N  orris, 
commander  of  the  brig  John,  of  Newport,  R.  I.  detailing  outrages 
committed  on  him  and  his  crew  near  Matanzas  ;  and  1  have  to  request 
that  you  will  take  such  measures  on  the  occasion  as  the  case  re- 
quires. 

I  am,  very  respectfully,  sir,  your  obedient  servant, 

(Signed)  SAM'L.  L.  SOUTHARD. 

Com.  DAVID  PORTER,  Comm'g  U.  S.  Naval  Force,  West  Indies,  Gulf  of  Mex- 
ico, present. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  records  of  the 
Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  llthMay,  1825. 


NAVY  DEPARTMENT,  July  29th,  1824. 

SIR  :  I  enc'ose  a  copy  of  a  letter  from  William  Neilson,  Esq. 
Pn-sident  of  the  American  Insurance  Company  of  New- York,  in 
relation  to  the  capture  of  the  Mercator,  having  on  board  a  valuable 
cargo  ;  and  I  request  that  you  will  make  such  a  disposition  of  the 
force  under  your  command  as  will  render  piratical  aggressions  of 
this  description  less  frequent,  if  it  be  possible. 

lam,  very  respectfully,  sir,  your  most  obedient  servant, 

(Signed,)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PORTER,  Comm'g  U.  S.  JVara/  Force,  West  Indies,  Gulf  of  Mex- 
ico, 6fc.  Bedford  Springs. 

I  certify  that  the  above  is  a  true  copy  from  the  original  on  re- 
cord in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

llth  May,  1825.  — 

Extract  of  a  letter  from  the  Secretary  of  the  Navy  to  Com.  Dane!  Porter,  com- 
manding U.  S.  Squadron,   West  India  station,  dated 

NAVY  DEPARTMENT,  9//t  jQugvst,  1824. 

"  You  will  execute  this  order  with  all  practicable  despatch,  in  order 
that  the  -John  Adams  may  not  be  unnecessarily  detained." 


197 

Extract  of  a  letter  f?om  (he  Secretary  of  the.  Wavy  to  Com-nodore    D.  Porter, 
dattd  l±th  October,  1824. 

It  is  deemed  expedient  by  the  Executive  that  you  proceed  as 
speedily  as  possible  to  your  station,  in  the  John  Adams,  that,  by  your 
presence  there,  the  most  efficient  protection  may  be  afforded  to 
our  commerce,  and  you  may  be  ready  to  meet  any  contingencies 
which  occur. 

The  Constellation  will  be  fitted  for  sea,  and  sent  to  you  as  speed- 
ily as  possible." 

I  certify  that  the  above  is  a  true  extract  of  the  original  on  record 
an  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

\\thMay,  1825. 


Extract  of  a  Idler  from  the  Secretary  of  the  Navy  to  Commodore  Darid  Porter, 
dated  October  15/A,  1824. 

"  I  enclose  copy  of  a  Resolution  of  Congress. 

"  The  surveys  and  examinations  under  it,  so  far  as  they  relate  to 
Thompson's  Island,  the  Dry  Tortugas,  Tampa  Bay,  and  Pensacola, 
are  confided  to  your  care,  superintendence  and  direction.  The 
surveys  of  the  two  former  places,  already  made,  are  supposed  to  be 
sufficient.  Several  officers  have  been  directed  to  report  to  you  to 
aid  in  this  duty,  and  you  will  assign  for  it  such  vessel  under  your 
command  as  you  think  most  proper." 


Extract  of  a  letter  from  the  Secretary  nf  the  Jfary  to  Capt.  David  Porter) 
dated  2)  at  October,  18'24. 

"  The  presence  of  a  commander  on  the  station  being  now  indis' 
pensable,  you  will  proceed  to  it." 


(Copy.) 

NAVT  DEPARTMENT,  27 th  December,  1824. 

SIR  :  Your  letter  of  the  15th  November  last,  relating  to  the  ex- 
traordinary transactions  at  Faxardo,  in  the  Island  of  Porto  Rico,  on 
the  day  of  that  month,  has  been  received  and  considered  It  is 
not  intended,  at  this  time,  to  pronounce  an  opinion  on  the  propriety 
of  those  transactions  on  your  part,  but  their  importance  demands 
for  them  a  full  investigation,  and  you  will  proceed,  without  unne- 
cessary delay,  to  this  place,  to  furnish  such  explanations  as  may  be 
required,  of  every  thing  connected  with  their  cause,  origin,  pro- 
gress, and  termination.  For  that  purpose,  you  will  bring  with  you 
those  officers  whose  testimony  is  necessary,  particularly  Lieut  Platt, 
and  such  written  evidence  as  you  may  suppose  useful. 

^ou  will  return  in  such  convenient  vessel  as  may  be  best  spared 
from  the  squadron  ;  and,  on  your  leaving  the  station,  you  will  deli- 
ver the  command  to  Capt.  Warrington,  with  all  such  papers,  in- 
structions, and  information,  as  may  be  useful  to  enable  him.  in  the 


roost  efficient  manner,  to  accomplish  all  the  objects  for  which  the 
vessels,  now  under  your  command,  were  placed  there. 

I  am  very,  &c.  (Signed)  SAM'L  L.  SOUTHARD. 

Comm'e  D.  PORTER,  Comm'g,  &c.  Sec. 

1  certify  the  above  Jo  be  a  true  copy  of  the  original  on  record  in 
the  Navy  Department.  CHAS.  HAY,  Chief  Clerk, 

llth  May,  1823. 

NAVY  DEPARTMENT,  March  2nrf,  1825. 

SIR:  Your  letters  of  yesterday,  and  this  morning,  have  been  re" 
ceived  ;  and  they  will  receive  immediate  attention  the  moment  that 
the  rising  of  Congress  will  give  an  opportunity  to  the  Department  of 
attending  to  them. 
I  am,  very  respectfully,  sir,  your  obedient  humble  servant, 

(Signed,)  SAM'L  L.  SOUTHARD. 

Coin.  DAVID  P»RTER,  U.  S.  Nary,  Present. 

I  certify  that  the  above  is  a  true  copy  from  the  original  on  record 
in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

Mai/  11/4,  1825. 

NA'VY  DEPARTMENT,  Kth  March,  182a. 

SIR  :  It  has  become  my  duty  to  apprise  you  of  the  determination 
of  the  Executive,  that  a  Court  of  Inquiry  will  be  formed,  as  soon  as 
circumstances  will  permit,  to  examine  into  the  occurrence  at  Fax- 
ardo,  which  was  the  occasion  of  your  recal,  and  also  to  comply 
with  the  request  contained  in  your  letter  of  the  8th  inst. 

It  was  the  intention  of  the  Department  in  ordering  Captain  War- 
rington  to  the  West  Indies,  to  relieve  you  from  the  command  of 
the  squadron  there.  I  am,  respectfully,  &c. 

(Signed,)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PORTER,  U.  S.  Navy,  Present. 

I  certify  that  the  above  is   a  true  copy  from  the  original  on  re- 
cord in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 
May  llth,  1825. 


NAVY  DEPARTMENT,  23rd  March,  1825. 

SIR:  I  enclose  (o  you,  herewith,  copy  of  a  letter  from  Thomas 
Randall,  Esq.  in  reply  to  one  of  mine,  apprising  him  that  a  Court 
of  Inquiry  would  be  in  a  few  days  convened  for  the  investigation  of 
your  conduct.  I  am,  very  respectfully,  &c. 

(Signed,)  SAM'L  L.  SOUTHARD. 

Com.  DAVID  PORTER,  U.  S.  Navy,  Present. 

NAVY  DEPARTMENT,  llth  May,  1825. 

I  certify  that  the  above  is  a  correct  ropy  from  the  records  of 
this  Department.  CHAS.  HAY,  Chief  Clerk 


199 

WASHINGTON,  22nrf  March,  1825. 
SAMUEL  L.  SOCTHARD,  Esq.  Secretary  of  the.  Navy: 

SIR  :  I  have  the  honour  to  acknowledge  the  receipt  of  your  letter 
of  yesterday,  which  informs  me  that  you  are  requested  by  Com- 
modore Porter  to  apprise  me,  that  a  Court  of  Inquiry  will  be  held 
in  a  few  days;  one  object  of  which  will  be  to  investigate  his  con- 
duct, in  relation  to  the  carrying  of  specie,  and  neglect  of  his  duties 
in  the  suppression  of  piracy. 

Doubtless  Commodore  Porter  in  requesting,  and  you,  sir,  in  mak- 
ing, this  formal  communication  to  me  of  a  fact,  which  had  already 
been  published  to  the  world,  considered  the  notice  of  some  special 
import  to  me,  and  designed  that  it  should  produce  a  correspondent 
effect  upon  my  conduct.  But  as  your  letter  does  not  state  the  rela- 
tion in  which  I  am  considered  as  standing  either  to  Commodore 
Porter,  or  to  the  Court,  nor  prescribe  any  course  to  be  pursued 
by  me,  1  am  at  a  loss  to  know  the  object  it  was  designed  to  pro- 
duce. 

i  have  therefore  to  request,  tnatyou  will  be  pleased  to  state,  how 
1  am  particularly  interested  in  the  fact  you  announce,  and  the  effect 
your  letter  was  designed  to  produce  upon  my  conduct,  in  reference 
to  the  approaching  investigation. 

I  have  the  honour  to  be,  very  respectfully,  sir,  your  most  ot)e» 
dient  servant, 

(Signed,)  THOMAS  RANDALL. 

NAVY  DEPARTMENT,  llth  May,  1825. 

I  certify  that  the  foregoing  is  a  correct  copy  from  the  original,  on 
file,  iu  this  Department,  and  that  it  is  a  copy  of  the  letter  alluded 
to  in  the  letter  from  the  Secretary  of  the  Navy  to  Commodore  Dn- 
vid  Porter,  dated  23rd  March,  1825. 

CHAS.  HAY,  Chief  Clerk. 


NAVY  DEPARTMENT,  24/ft  March,  1825. 

SIR  :  Midshipman  Rowan,  of  the  West  Indian  squadron,  has  ap 
plied  for  leave  of  absence  to  visit  his  friends  in  Ohio.     I  have  sus- 
pended a  decision  ;ii  In*  request,  until  I  can  be  informed,  whether 
you  will  require  his  testimony  in  the  investigation  which  you  have 
called  for. 
Your  early  attention  to  this  is  requested. 

I  am,  respectfully,  &c. 

(Signed)  SAML.  L.  SOUTHARD. 

Com.  DAVID  PORTER,  U.  S.  navy,  Washington. 

NAVT  DEPARTMENT,  llth  May,  1325. 

I  certify  that  the  above  is  a  correct  copy  from  the  records  of  thi? 
Department.  CHAS.  HAY,  Chief  Clerk. 


200 

Exiracl  of  a  letter  fromjthe  Secretary  of  the  Navy  to  Com.  David  Porter,  dated 

20th  April,  1825. 

"  Enclosed  you  will  receive  a  copy  of  the,  precep*  which  has 
been  issued  for  a  court  to  make  the  inquiry,  instituted  by  the  exe- 
cutive, info  yonr  conduct  at  Faxardo.  You  will  perceive  that  the 
same  court  is  also  directed  to  make  the  inquiry  which  has  been 
granted  at  your  own  request." 


Official  Communications  from  Commodore  Porter  to  the 
Department. 

(Extract.) 

BALTIMORE,  December  21s/,  1823. 

SIR  :  In  pursuance  of  the  instructions  of  the  Board  of  Navy  Com- 
missioners of  the  17th,  I  yesterday  purchased  eight  schooners, 
which  will  all  sail  on  the  23rd  or  24th  for  Norfolk,  to  receive  their 
armaments  and  equipments.  Most  of  the  vessels  are  quite  new, 
requiring  no  repairs,  and  may  be  sent  on  service  at  a  very  trifling 
expense. 

The  cost  of  the  whole,  will  be,  when  delivered  at  Norfolk, 
10,190  dollars,  averaging  a  little  over  1273  ;  having  for  their  outfits 
327  dollars  each,  which  I  presume  will  be  sufficient ;  but  as  this  will 
be  a  part  of  the  operation,  over  the  expense  of  which  I  can  have 
no  control,  I  cannot  pretend  to  say  that  they  will  not  exceed  the 
limits  which  you  have  prescribed  to  me. 

I  have  named  these  vessels  as  follows,  and  their  tonnage  is  an- 
nexed, viz  : 

Ferret,  51  ;— Weazle,  53  ;— Terrier,  61  ;— Jackall,  47  ;— Fox, 
51  ;— Wild  Cat,  48  ;— Grey  Hound,  65  ;— Beagle  52. 

They  are  all  of  light  draft  of  water,  and  have  every  appear- 
ance of  sailing  well.  1  have  not  in  every  case  been  able  to  get  the 
owners  to  deliver  them  at  Norfolk,  but  shall  labour  under  no  in- 
convenience on  that  account,  as  there  are  a  number  of  men  re- 
cruiting to  be  sent  down,  who  can  go  to  their  officers  in  those  which 
we  have  to  deliver. 

(Signed)  D.  PORTER. 

Tfie  honourable  the  Commissioners  of  the  Navy,  Washington. 

Jt  return  of  the  vessels  and  commanding  officers  atlachfd  to  the  squadron,  under 
the  command  of  Commodore  D.  Porter,  for  the  suppression  of  piracy. 

United  States  ship  Peacock,  Stephen  Cassin,  Esq.  Master  Com- 
mandant. 

United  States  Schooner  Shark,  Matthew  C.  Perry,  Lieutenant 
Commandant. 

United  States  schooner  Greyhound,  John  Porter,  Esq.  Master 
Commandant. 

United  Slates  schooner  Jackall,  Thomas  H.  Stephens.  Lieutenant 
Commandant. 


201 

United  State*  Galliot  Sea  Gull,  William  H.  Watson,  Lieutenant 
Commandant. 

United  States  Schooner  Fox,  William  H.  Cocke,  Lieutenant 
Commandant. 

United  States  schooner  Wild  Cat,  Charles  W.  Skinner,  Lieuten- 
ant Commandant. 

United  States  schooner  Beagle,  John  T.  Newton,  Lieutenant 
Commandant. 

United  States  schooner  Ferret,  Samuel  Henley,  Lieutenant  Com- 
mandant. 

United  States  schooner  Terrier,  Robert  M.  Rose,  Lieutenant 
Commandant. 

United  States  schooner  Weazle,  Beverly  Kennon,  Lieutenant 
Commandant. 

Decoy  Store  ship,  Lawrence  Kearney,  Lieutenant  Commandant. 
•February  131k,  1823. 


(Extract.) 
U.  S.  SCHOOICER  PEACOCK,  Hampton  Roads,  Feb.  23rd,  1823. 

SIR  :  I  have  the  honour  to  inform  you,  that  I  am  now  anchored 
in  these  Roads  with  the  whole  squadron,  with  the  exception  of  the 
barges,  which  will  be  ready  to  leave  Norfolk  in  the  course  of  two 
days,  and  will  proceed  direct  to  Thompson's  Island. 

My  course  with  the  squadron,  will  be  circuitous,  and  will  be  re- 
gulated by  your  instructions  of  the  4th  inst. 

(Signed,)  D.  PORTER. 

Directed  to   the  Honourable    S.  Thompson,  Secretary  of  the  Nary,  W.  City* 


.      Commodore  Porter  to  the  Secretary  of  the  Navy. 

U.  S.  SHIP  PEACOCK,  St.  Thomas,  March  3,  1823. 

SIR  :  I  have  the  honour  to  inform  you,  that  I  this  morning  arrived 
at  this  place,  with  all  the  squadron  under  my  command,  except  the 
Grey  Hound,  which  vessel  separated  in  a  gale. 

1  have  despatched  Lieutenant  Commandant  Perry,  with  the  Shark 
and  three  smallschooners,  to  scour  the  south  side  of  Porto  Rico,  and 
shall  sail  to-morrow  with  the  rest  of  the  squadron  for  St.  John's, 
where  I  have  been  informed  several  privateers  have  been  fitted  out, 
which  have  done  considerable  injury  to  our  commerce. 

I  am  also  informed,  that  there  is  a  large  British  naval  force  in 
those  seas,  a  squadron  of  which,  apparently  on  the  look-out,  I  fell 
in  with  this  morning. 

I  have  the  honour  to  be,  with  great  respect,  your  ob'dt  servant., 

D.  PORTER. 

Honourable  S.  THOMPSON,  Secretary  of  the  Navy. 

Commodore  Porter  to  the  Secretary  of  the  Navy. 

U.  S.  SHIP  PEACOCK,  Matansas,  28</t  March,  1823. 
SIR  :  I  have  the  honour  to  inform  you.  that  I  arrived  here  on  the 
^6th,  after  giving  to  the  north  coast  of  St.  Domingo  and  Cuba  tfs 
26 


202 

thorough  an  examination  as  was  practicable,  with  the  two  schooner?, 
and  the  boats  of  this  ship,  with  the  greater  part  of  her  crew  ;  while 
all  the  keys  oft"  shore,  pointed  out  to  me  as  the  rendezvous  of  pi- 
rates, were  examined  by  the  ship. 

The  service  has  been  very, fatiguing  to  those  employed,  for  more 
than  a  week  past,  in  open  boats,  and  in  the  most  dangerous  and  in- 
tricate navigation  in  the  world  ;  but  it  has  been  performed  cheerful- 
ly, and  I  wish  I  could  say  successfully  ;  but  we  have  not,  in  this  long 
route,  been  able  to  detect  a  single  pirate,  although  our  suspicions 
rested  on  many  ;  nor  can  I  conceive  how  we  shall  ever  be  able  to 
detect  them  :  for  they  are  one  day  fishermen,  another  droguers, 
wood-cutters,  salt  gatherers,  or  pirates,  as  best  suits  them.  Every 
Spaniard  is  armed  with  a  knife,  and  this  weapon,  according  to  their 
mode  of  warfare,  is  enough  for  them.  Were  we  to  apprehend  ev- 
ery suspicious  Spaniard  and  vessel,  their  coasting  trade  would  soon 
be  entirely  broken  up.  Since  my  arrival  here,  I  have  heard  of 
the  most  horrid  atrocities  committed  by  them.  They  now  spare 
no  one  ;  whole  ships'  crews  are  indiscriminately  burnt  with  their 
vessels  ;  and  there  has  been  an  instance  recently  of  the  murder  of 
a  crew  under  the  wall  of  the  Moro. 

I  have  written  to  the  Captain  General  a  letter  similar  to  the  one  I 
wrote  to  the  Captain  General  of  Puerto  Rico,  calling  on  him  for  in- 
formation and  co-operation,  and  await  his  reply,  which  I  expect  to- 
morrow or  next  day,  and  shall  then  proceed  to  Thompson's  Island, 
to  make  arrangements  for  the  most  energetic  operations.  I  shall 
there  meet  all  the  force  which  i  despatched  from  Aguadilla,  with 
the  exception  of  the  Shark. 

On  my  arrival  here,  1  found  a  fleet  of  American  vessels,  waiting  for 
convoy,  some  of  which  had  been  ready  for  sea  twenty*  da^s,  and  was 
surprised  and  mortified  to  find  that  all  our  vessels  of  war  had  left  this 
coast,  and  our  commerce  here  entirely  unprotected. 

The  only  protection  I  can  give  them  is  the  two  small  vessels, 
which  will  convoy  them  beyond  the  reach  of  pirates,  and  after  ex- 
amining a  bay  to  windward,  which  has  been  their  resort  for  some 
time,  will  join  the  squadron  at  the  place  of  rendezvous. 

The  departure  of  those  vessels  of  war  stationed  here  for  the  pro- 
tectionofour  commerce,  and  which  1  calculated  on  finding  here,  has 
caused  me  some  embarrassment :  as  it  becomes  necessary  to  employ 
part  of  the  force  which  was  intended  for  the  pursuit  and  destruction 
of  pirates  to  give  that  protection  to  our  trade  which  it  has  a  right  to. 
The  reasons  for  their  departure  are  unknown  to  me,  and  I  must 
leave  it  to  their  commanders  to  make  the  necessary  explanations. 
Five  piratical  vessels  have  for  some  weeks  been  watching  the  fleet 
in  the  bay,  which  1  shall  cause  to  be  examined  ;  and  since  our  arri- 
val, as  you  will  find  by  the  enclosed  copy  of  a  note  from  a  highly 
respectable  source,  they  have  dispersed  and  disarmed.  I  shall  do 
all  in  my  power,  with  whatever  force  may  be  at  my  disposal,  to  give 
protection  to  our  commerce,  and  effect  the  destruction  of  the  pirates  ; 
and  protection  shall  be  the  primary  object ;  but,  to  fulfil  the  expec- 


203 

utions  that  hr;ve  been  formed,  we  shall  want  at  least  two  or  three  of 
the  large  schooners,  in  addition  to  those  we  now  have. 

I  was  surprised  to  learn,  on  my  arrival  here,  that  circulars  had 
been  written  by  the  Captain  General  to  the  governors  and  command- 
ers of  the  different  district?  of  the  island,  forbidding  the  entrance  of 
my  squadron  into  any  of  its  ports,  or  the  landing  of  any  part  of  my 
forces  in  pursuit  of  pirates.  The  island  appears  af  present  in  a  very 
agitated  state,  and  the  Government  appear  to  think  that  the  United 
States  would  consider  it  a  very  desirable  acquisition.  1  shall  use 
every  means  in  my  power  to  satisfy  them  that  my  objects  are  totally 
unconnected  with  any  thing  of  a  political  nature. 

All  vessels  ordered  under  my  command,  1  beg  may  be  directed  to 
report  to  me  at  Thompson's  Ishnd. 

I  have  the  honour  to  be,  very  respectfully,  your  ob't  servant, 

D.  PORTER. 

Hon.  SMITH  THOMPSO.V,  Secretary  of  the  Navy,  Washington  city. 

P.  S.  Since  writing  the  above,  I  have  heard  of  a  pirate  to  lee- 
ward, and  have  despatched  the  two  schooners  and  boats  after  her.  I 
sha'l  know  the  result  of  the  expedition  in  the  course  of  a  few  hour*, 
and  have  good  reason  to  believe  it  will  prove  successful. 


Extract  of  a  lettei  from  Commodore  Porter  to  the  Secretary  of  the  JVary,  dated 
U.  S.  STEAM  GALLIOT  SEA  GULL,  Matanzas,  April  16, 1823. 

SIR  :  For  the  last  two  weeks,  our  movements  and  occupations 
have  been  so  various,  that,  to  enter  into  a  full  detail,  would  swell 
too  much  this  communication  ;  to  be  brief,  therefore,  I  shall  mere- 
ly state  that,  within  that  time,  we  have  built  our  store  houses  on 
Thompson's  Island,  landed  all  our  stores,  collected  together  all  the 
schooners  of  the  squadron,  and  stationed  them  at  different  points  on 
the  coast  of  Cuba  ;  fitted  out  all  the  barges  which  were  also  on  the 
coast,  and  captured  one  pirate,  a  pilot  boat  schooner,  formerly  the 
Pilot  of  Norfolk,  armed  with  one  long  twelve  pounder,  and  com- 
manded by  Domingo,  the  notorious  head  of  this  horde  of  despera- 
does, who  formerly  commanded  the  Saragariana — the  vessel,  in  the 
attempt  to  capture  which,  the  gallant  Allen  fell — Domingo,  and  two 
of  his  crew,  only  escaping  to  the  shore  with  their  lives,  and  one 
was  taken. 

The  Pilot  had  been  in  possession  of  the  pirates  eight  days  ;  I 
had  heard  of  her  capture  on  my  first  touching  in  at  Matanzas  with 
the  Peacock,  and  left  the  two  schooners  the  Wild  Cat  and  Beagle, 
to  look  out  for  her  and  the  Saragariana  to  windward,  while  the  Pea- 
cock shaped  her  course  toward  Havana  ;  but,  not  finding  her,  1 
hastened  to  Thompson's  Island,  and  two  of  the  barges  being  got  rea- 
dy, and  manned  from  her  fine  crew,  I  despatched  Capt.  Cassin  with 
them  and  two  of  the  schooners,  which  soon  arrived,  to  examine 
from  Havana  down  to  Cape  Antonio,  and  thence  to  Trinidad,  on  the 
south  aide  of  the  Island.  A  piracy  having  recently  been  commit- 
ted near  the  latter  place,  Captain  Cassin  left  Thompson's  Island  on. 


204 

the  morning  of  the — ,  and  next  morning  received  information  that 
the  Pilot  had  been  seen  off  the  Moro  ;  he,  consequently,  sent  Lieut, 
Stribling  to  windward,  along  shore,  with  the  barges,  while  he  kept 
a  look-out  for  her  near  Havana ;  on  the  same  day,  the  Wild  Cat 
and  Beagle  fell  in  with  her  to  leeward  of  Matanzas,  chased  her  with- 
in gun-shot  the  greater  part  of  the  day,  giving  and  receiving  from 
the  Pilot  a  smart  fire  ;  but  night  coming  ort,  she  eluded  them  by 
getting  close  under  the  land,  hauling  down  all  sail,  and  getting  off 
with  her  sweeps.  In  about  an  hour  after  this,  Lieut.  Stribling  ran 
along  side  of  her  with  his  two  boats,  one  commanded  by  himself, 
the  other  by  Midshipman  Kelly,  acting  as  Lieut,  of  the  Fox,  and 
took  possession  of  her,  after  a  fire  of  ten  minutes,  in  which  time,  all 
the  crew,  except  the  Captain  and  three  others,  one  of  whom  is  ta- 
ken, were  killed — the  pirate  having  time  to  fire  his  long  gun  only 
once  ;  and  what  adds  to  the  satisfaction  I  feel  in  giving  these  parti- 
cular?, which  I  have  obtained  from  Lieut.  Skinner,  who  fell  in  with 
Lieut.  Stribling  and  his  prize  next  morning,  is,  that  no  one  was  even 
wounded  on  board  our  boats,  so  sudden  and  effectual  was  the  attack, 
which  does  great  credit  to  Lieut.  Stribling,  and  all  those  concerned 
with  him  in  this  gallant  affair. 

I  have  with  me,  here,  the  Sea  Gull,  three  bnrges,  and  one  of  the 
boats  belonging  to  the  Peacock,  besides  the  vessels  intended  for  con- 
voy. The  barges  1  have  placed  under  the  command  of  Lieut.  Cas- 
sin,  of  the  Peacock  ;  which  ship  as  well  (he  Decoy,  I  have  been 
compelled  to  lay  up,  in  order  to  obtain  men  to  man  the  barges,  not 
having  found  a  single  vessel  on  the  station  on  my  arrival. 

I  shall  despatch  Lieut.  Cassin  to  windward,  so  soon  as  the  weath- 
er will  permit,  where  I  have  strong  expectation,  from  information 
received,  of  breaking  up  a  nest  of  these  vagabonds.  Two  schooners, 
under  Lieut. Com.  Kearney,  are  stationed  off  Havana,  to  give  convoy; 
two  are  now  refitting  to  relieve  some  of  the  others,  and  we  are  now 
in  full  operation.  But  it  is  greatly  to  be  regretted  that  I  should 
have  been  compelled  to  employ  for  convoy  those  small  schooners, 
which  were  intended  solely  for  the  purpose  of  hunting  the  pirates 
out  of  their  hiding  holes  ;  but,  notwithstanding  I  have  not,  including 
the  crew  of  the  Peacock,  the  number  of  men  required  to  man  one 
of  our  large  frigates,  1  hope  to  effect  the  object  for  which  I  was 
sent  here,  and,  tor  a  time,  give  protection  to  our  commerce  by  con- 
voy. \et  the  duty  is  severe,  and  more  than  men  can  long  bear  ; 
some  respite  will  be  necessary.  But  it  would  be  unjust  in  me  if  I 
did  not  say,  that  every  officer  and  man  under  my  command  enter 
with  the  utmost  alacrity  and  zeal  into  the  severe  duties  which  this 
novel  service  imposes  on  them  ;  and,  although  most  of  them  have 
scarcely  put  their  feet  on  shore  from  their  cramped  vessels  since 
they  left  the  United  States  ;  although  they  have  suffered  all  that 
men  could  suffer  in 'crossing  the  Gulf  Stream,  in  heavy  gales,  in 
open  lio.itn  ;  still,  not  a  murmur  has  been  heard  from  any  one. 
Some,  from  sickness,  and  finding  themselves  unequal  to  the  fatigue, 
have  asked  leave  to  return,  and  I  have  indulged  them  :  hut,  in  gen- 


eral  the  aquaJron  enjoys  uncommon  hcaltli,  and  there  is  every  pros- 
pect of  its  continuance. 

Dorningo,  the  Captain  of  the  Pilot,  was  in  this  place  yesterday, 
the  day  of  my  arrival,  and  has  since  disappeared*  He  acknowledges 
the  death  of  all  his  crew,  except  those  before  mentioned. 

The  Pilot  is  a  remarkable  sailer,  was  a  constant  trader  to  Havana. . 
Domingo  had  long  set  his  heart  on  having  her,  and,  immediately  on 
capturing  her,  armed  and  took  the  command  of  her.  1  hope  soon 
to  give  you  some  further  account  of  him  and  the  Saragariana. 
There  was  one  act  of  politeness  in  this  singular  character,  which  I 
cannot  omit  mentioning.  There  were  a  large  number  of  letters  for 
myself,  and  the  oth'cers  of  the  squadron,  on  board  the  Pilot  when 
she  was  taken,  together  with  many  for  merchants  in  Cuba.  Do- 
mingo possessed  himself  of  all  the  mercantile  letters,  and  delivered 
to  the  Captain  of  the  Pilot  all  those  for  us,  desiring  him  to  send  them 
to  us,  as  he  did  not  wish  to  deprive  us  of  the  opportunity  of  hearing 
from  our  friends.  He  said  he  had  no  ill-will  against  us  ;  we  were 
but  doing  our  duty. 

The  Peacock,  sir,  is  too  fine  a  ship  to  keep  in  a  state  of  idleness  ; 
and  without  her  crew,  I  should  not  have  been  able  to  man  the  bar- 
ges, by  far  the  most  efficient  force  we  have. 

In  the  present  state  of  the  establishment  at  the  Island,  it  will  be 
in  vain  to  look  for  those  comforts  which  the  fatigues  of  the  kind  of 
life  we  now  lead,  make  more  necessary  to  us  than  they  would  be  at 
other  times,  without  the  conveniences  which  a  ship  affords.  I  do 
not  make  this  remark  so  much  on  my  own  account  as  on  account  of 
others.  The  accommodations  of  the  Peacock  are  small.  We  have 
been  a  great  inconvenience  to  her  officers  ;  and  it  has  been  the 
source  of  great  pain  to  me  to  witness  how  much  myself,  and  those 
who  necessarily  accompanied  me,  have  been  to  Captain  Cassin  and 
his  officers,  who  have  made  every  sacrifice  of  their  own  comfort  for 
our  accommodation. 

It  would  be  extremely  satisfactory  to  me,  and,  I  am  persuaded, 
would  be  highly  advantageous  to  the  public  interest,  if  I  could  have 
a  ship  and  crew  for  the  accommodation  of  myself  and  those  with  me. 
The  Erie  would  suit  me  extremely  well,  if  she  had  a  poop  on  her. 
I  want  no  larger  or  better  ship,  and  I  beg  I  may  not  be  refused,  for, 
at  present,  1  am  completely  on  the  parish,  not  living  as  I  could  wish, 
but  as  1  can.  This  is  the  only  request  I  have  made  since  I  em- 
barked in  the  enterprise,  in  which  I  am  individually  concerned  ;  and 
it  woulJ  not  have  been  made,  were  I  not  satisfied  that  the  public  in- 
terests would  be  more  beneiitted  than  my  own  comfort  would  be  pro- 
moted. If  I  cannot  have  the  Erie,  I  beg  that  I  may  have  the  Ma- 
cedonian, or  some  one  other  of  our  frigates  ;  but,  whatever  ship 
may  be  sent,  I  hope  she  may  be  furnished  with  a  poop.  It  is  essen- 
tially necessary  in  this  climate,  and  on  such  u  service. 

1  have  the  honour  to  be,  your  very  obedient  servant, 

l>.  POUTER. 

The  Hon.  SECRETARY  OP  THE  NAVY. 


203 

Commodore  Porter  to  the  Secretary  of  Hit  Navy, 
U.  S.  STEAM  GALLIOT  SEAGULL,  Malansat,  dprilZl,  1823. 

SIR  :  In  my  last,  I  informed  you,  that  I  had  despatched  the 
barges  to  examine  a  Bay  to  windward  of  Point  Yeacos  ;  and,  having 
intelligence  of  three  piratical  schooners  in  the  river  Palmas,  I  left 
this  place  on  the  19th,  joined  the  barges  next  day,  near  Key  Blau- 
co,  and,  after,  a  laborious  search  of  two  days,  discovered  the  river, 
where  we  found  the  remains  of  the  vessels  which  the  pirates  had 
burnt,  evidently  a  short  time  before  our  arrival  there  ;  1  conse- 
quently returned  to  this  place,  sending  three  of  the  barges  along 
the  coast  to  Havana,  to  which  place  I  shall  proceed,  after  giving 
convoy  to  the  vessels  in  this  place,  having  found  it  necessary  to 
send  the  two  vessels  employed  here  on  this  service,  to  Thompson's 
Island,  to  refit. 

I  believe,  sir,  I  can  now  say  with  safety,  that  there  is  not  a  pirate 
afloat  on  this  part  of  the  coast  of  Cuba,  larger  than  an  open  boat  ; 
and  even  that  is  doubtful,  the  Saragoziana,  in  her  flight,  from  here, 
having  been  taken  by  two  British  sloops  of  war  at  the  east  end  of 
the  Island. 

I  have  the  honour  to  be,  your  obedient  servant, 

D.  PORTER. 

Hon.  SMITH  THOMPSON. 


Extract  of  a  Idler  from  Commodore  David  Porter  to  the  tecrelary  of  the  Navy, 
dated  U.  S.  Galliot  Sea  Gull,  Allenton,  Thompson^  Island,  May  10,  1823. 

"  Since  I  last  had  the  honour  to  address  you,  I  have  returned  to 
this  place,  with  the  Sea  Gull  and  barges,  and  found  here  Captain 
Cassin,  with  the  schooners  and  barges  that  accompanied  him. 

"  The  report  of  his  cruise  is  enclosed.  Our  last  cruise  has  been 
altogether  a  most  arduous  and  fatiguing  one  ;  and,  although  we  have 
not  many  trophies  to  show,  it  has  not  been  without  effect  :  the  re- 
sult ha?  been,  the  capture  of  a  piratical  schooner  and  a  very  fine 
felucca  ;  the  destruction  of  one  on  shore,  the  burning  of  three 
schooners  in  the  Rio  Palmas,  and  about  a  dozen  of  their  houses  in 
the  different  establishments  to  leeward  of  Bahia  Honda,  and  inside 
the.  Colorados  Reef;  the  complete  dispersion  of  all  their  gangs, 
from  Rio  Pahnas  to  Cape  Antonio  ;  ajid,  what  will  be  of  no  little  im- 
portance to  all  our  future  operations,  a  most  thorough  and  intimate 
acquaintance  with  the  whole  line  of  coast,  from  Cayo  Blanco  to  the 
east,  down  to  Cape  Antonio,  in  the  west.  We  have  taken  only  one 
prisoner,  and  I  shall  endeavour  to  use  such  information  as  I  can 
squeeze  out  of  him  to  advantage.  I  shall  despatch  the  Peacock  to- 
day for  La  Vera  Cruz,  to  relieve  the  Shark,  and  shall  now  be  left 
with  only  my  small  vessels,  two  of  which,  with  two  barges,  (which  I 
have  found  great  difficulty  in  manning  from  the  Sea  Gull  and  Store 
Ship.)  I  shall  send  off  this  evening  under  the  command  of  Lieut. 
Comdt.  Watson,  on  an  expedition  among  the  Keys  in  the  Old 
Straights,  and  thence,  around  the  bland,  to  return  by  the  way  of 
Cape  Antonio. 


207 

"  Two  schooners,  under  the  command  of  Lieut.  Comdt.  Rose, 
are  making  the  circuit  by  the  other  route,  commencing  at  Point 
Yeacos,  going  round  Cape  Antonio,  and  returning  by  the  Old 
Straights  ;  two,  under  command  of  Lieut.  Comdt.  Skinner,  are  con- 
voying from  Havana  ;  and  the  remaining  two  are  careening,  and 
will,  in  a  few  days,  sail  for  the  protection  of  our  commerce  ;  and 
(he  three  remaining  barges  are  hauled  up,  for  the  want  of  men. 

"  I  beg  you,  sir,  to  take  into  consideration  the  uncomfortable  si- 
tuation of  myself  and  those  with  me,  and,  as  early  as  may  be  possi- 
ble, send  me  a  frigate,  or  a  large  sloop  of  war  fitted  for  the  climate* 
or  1  "hall  otherwise,  most  reluctantly,  on  account  of  health,  be  com- 
pelled to  relinquish  a  service  which  1  set  my  heart  on  accomplish- 
ing— the  total  suppression  of  piracy  in  the  West  Indies  and  Gulf  of 
Mexico;  it  has  been  effected  about  the  north  side  of  Cuba,  and, 
with  suitable  means,  I  have  no  doubt  of  effecting  it  elsewhere. 

*'  Not  one  of  the  vessels  of  war  belonging  to  the  West  India  Sta- 
tion, except  those  which  I  brought  with  me  from  the  United  States, 
have  yet  shewn  themselves,  nor  can  I  get  any  intelligence  of  them-, 
by  which  I  can  be  enabled  to  command  their  services. 

'•  When  I  left  Matanzas,  the  country  was  alarmed  by  large  bands 
of  robbers,  well  mounted  and  armed,  who  had  plundered  several 
estates,  and  committed  some  murders  in  the  neighbourhood  of  the 
city.  Bodies  of  horse  had  been  sent  in  pursuit  of  them,  and  the  mi- 
litia were  all  under  arms  ;  some  prisoners  had  been  taken,  and  it 
was  said  that  those  bands  were  composed  of  the  freebooters  which 
lately  infested  the  coast,  and  who,  being  compelled  to  abandon  the 
Ocean,  had  taken  up  this  new  line  of  business." 

Extracts  of  a  letter  from  Commodore  David  Porter  to  the  Secretary  of  the.  Na- 
vy, dated 

SEA  GULL,  Allenlon,  May  11,  1823. 

"  We  are  very  much  in  want  of  one  hundred  seamen  and  ordi- 
nary seamen,  in  addition  to  our  present  number,  to  enable  as  to 
carry  on  our  operations  ;  and  if  we  do  not  obtain -them.  I  shall  be 
under  the  necessity  of  discontinuing  the  employment  of  the  barges  y 
at  present,  I  can  only  man  two  of  them,  and  to  do  so,  am  compelled 
to  lay  up  this  vessel  and  the  Decoy. 

We  shall  also  want  a  number  of  officers,  of  every  class,  how  ma- 
ny I  am  unable  to  say  yet,  but,  from  present  appearances,  I  am  in- 
duced to  believe  that  many  will  (in  not  a  very  long  time)  wish  to 
return  to  the  United  States.  The  service  we  are  employed  on  is 
a  very  harrassing  one,  and,  if  it  should  not  occasion  much  waste  of 
life,  it  will,  at  least,  try  the  strength  of  our  constitutions,  and  our 
capacity  for  the  endurance  of  fatigue  and  privations. 

The  commanding  officer  of  marines  states  to  me  that  he  requires, 
in  addition  to  his  present  force,  fifty  officers,  non-commissioned  of- 
ficers, and  privates;  and  from  the  difficulty  of  supplying  the 
guards  which  I  require,  I  should  presume  that  a  larger  number 
would  be  necessary. 


208 

From  the  importance  of  the  trade  of  Cuba  ami  the  Gulf  of  Mex- 
ico, the  whole  of  which  is  now  completely  protected  from  this 
place,  with  a  force  not  equal  to  one  frigate,  I  presume  my  requests 
will  not  be  considered  extravagant.  The  arrivals  and  departures 
of  American  vessels  from  the  port  of  Havana  alone,  average  about 
thirty  per  week,  and  those  from  Matanzas  about  twenty.  Not  a  day 
elapses  but  that  great  numbers  of  American  vessels  are  to  be  met 
passing  through  the  Gulf,  and  since  an  establishment  here,  they 
daily  in  numbers  pass  in  sight  of  us. 

I  mention  those  facts,  to  give  you  an  idea  of  the  importance  of 
this  station,  and  to  show  the  propriety  of  augmenting  the  force  by 
the  additions  which  I  have  asked. 

A  frigate,  or  a  large  sloop  of  war,  is  indispensable  to  us,  and  we 
cannot  exist  with  any  thing  like  comfort  without  one. 

Thrown  as  we  are  on  a  barren  and  desolate  Island,  that  does  not 
supply  even  water,  I  hope  our  situation  may  be  made  as  free  from 
sufferings  as  the  Department  can,  without  inconvenience  to  the 
public  interest,  make  it." 


U.  S.  GALMOT  SEA  GULL, 
Allenlon,  Thompson's  Island,  May  19,1823. 

SIR  :  I  have,  the  honour  to  inform  you  that  not  a  single  piratical 
act  has  been  committed  on  the  coast  of  Cuba,  since  1  organised  and 
arranged  my  forces. 

I  have  the  honour  to  be,  your  obedient  servant, 

D.  PORTER. 
Hon.  Secretary  of  the  Jfacy. 

Extracts  from  a  letter  of  Commodore  D.  Porter,  lo  Ike  Secretary  oj  the  JVavjr, 
dated, 

U.  S.  GALLIOT  SEA  GULL,  Allenlon,  May  2-3,  1823. 

"Sin:  We  have  a  vastly  important  commerce  to  Havana  and 
Alatanzas,  which  is  now  left  to  the  protection  of  a  small  schooner 
of  three  guns,  at  each  place  :  all  the  others,  with  the  exception  of 
two,  coining  in«to  rf  pair,  are  cruising  for  pirates  on  the  south  side 
of  the  island,  and 'in  the  Old  Strait  of  Bahama. 

"  I  am  at  present  left  with  only  the  Sea  Gull  :  as  the  store  ship  is  on 
the  point  of  sailing  for  a  load  of  water  for  us,  the  lagoons  on  the  isl- 
and having  dried  up. 

"  I  Deg>  sir,  that  our  situation  may  be  taken  into  consideration, 
and  that  some  means  may  be  speedily  employed  to  ameliorate  it. 
The  principal  thing  wanting,  is  a  large  vessel,  add  the  aid  and  com- 
forts which  she  would  afford.  At  present,  I  have  no  place  to  shel- 
ter me  but  the  awr.ing  of  this  small  vessel.  1  cannot  obtain  hands 
enough  for  my  use  to  man  a  boat.  1  have  no  comforts  whatever, 
and  1  find  my  health  gradually  sinking.  I  would  be  the  last  to  com- 
plain without  cause  :  but  the  rainy  and  sickly  season  is  now  corning 
on,  and  I  should  fail  in  my  duty,  were  I  not  to  acquaint  you  with  our 
true  situation. 


209 

»'  Allow  me  to  suggest,  that  this  appears  to  me  to  be  the  mosi 
suitable  place  to  give  protection  to  the  commerce  of  the  Gulf  of  Mex- 
ico, and  that  all  the  forces  now  employed  at  New-Orleans,  could  be 
much  more  advantageously  employed  here." 


Extract  of  a  letter  from  Com.  David  Porter  to  the  Secretary  of  the  Navy,  dated 

SEA  GULL,  ALLENTOW,  June  4th,  1823. 

"  I  yesterday  was  informed  of  a  piratical  schooner  on  the  south 
side  of  Cuba,  which  had  captured  two  vessels,  and  1  immediately 
despatched  the  Greyhound  in  pursuit  of  her. 

It  is  with  regret  I  inform  you,  that  I  am  compelled  to  discontinue 
giving  convoy  from  Havana,  as  my  forces  are  now  so  scattered,  that 
it  cannot  be  done  without  neglecting  the  main  object  of  the  expedi- 
tion. When  our  cruising  was  on  this  side  the  island,  I  found  less 
difficulty  in  the  thing. 

We  are  greatly  in  want  of  larger  vessels,  and  more  men,  and  I 
sincerely  hope  that  they  may  be  sent  as  early  as  possible." 

Commodore  Porter  to  the  Secretary  of  the  Navy. 

U.  S.  GALLIOT  SKA  GULL,  dllenton,  June  6lh,  1823. 

SIR  :  We  are  greatly  in  want  of  medical  aid  on  this  station. — 
Doct.  Williamson,  in  charge  of  the  hospital,  and  Doct.  Edger,  in 
charge  of  the  sick  in  the  harbour,  have  both  been  taken  seriously 
ill,  within  a  few  days,  which  leaves  me  with  only  one  surgeon's 
mate.  The  small  vessels  are  equally  in  a  suffering  condition,  hav- 
ing but  one  acting  mate  between  two  of  them  ;  and,  had  it  not  been 
for  the  few  acting  appointments  given  by  me,  they  would  have  been 
entirely  destitute. 

I  beg,  sir,  that  our  situation  may  be  taken  into  consideration,  and 
as  the  sickly  season  is  fast  approaching,  I  hope  that  several  sur- 
geon's mates  may  be  sent  out  to  us.  Six,  at  least,  in  addition  to  our 
present  number,  are  required. 

I  have  the  honour  to  be,  with  great  respect,  your  obedient  ser- 
vant, D.  PORTER. 
Honourable  Secretary  of  the  Navy. 


Extracts  from  a  letter  of  Commodore  D.  Porter  to  the  Secretary  of  the  Nav$* 

dated 

SEA  GULL,  Allenton,  June  24/A,  1823. 

"  SIR  :  By  the  Hornet,  just  arrived,  1  am  informed  of  the  cap- 
ture of  two  piratical  launches  by  the  Ferret,  Lieut.  Com'dt  New- 
ell, a  few  leagues  to  the  west  of  Matanzas. 

"  It  appears  that  they  were  chased  into  a  small  harbour,  where 
there  was  not  water  sufficient  for  the  schooner  ;  and  on  the  approach 
of  her  boat,  (carrying  only  four  persons,)  they,  (about  forty,)  com- 
menced afire  on  her  from  behind   the  rocks,  and  nearly  sunk  her 
The  schooner  then  opened  a  fire  on  them  with  her  nine  pounder, 

27 


210 

drove  them  from  their  skulking  places,  and  took  possession  of  the 
launches. 

"  Such  is  the  account  I  have  received  from  Lieut.  Shubriok,  of 
{he  Hornet,  whose  ship  fell  in  with  Lieut.  Com.  Newell  on  his 
passage. 

"  There  is  good  reason  to  believe  that  these  are  the  boats  which 
plundered  the  American  brig  Mary  Joan,  Captain  Hubbard,  inside 
the  Bay  of  Matanzas,  twelve  days  since. 

*"  It  appears  that  these  launches  were  captured  about  the  19th 
inst.  ;  that  their  cruise  has  been  only  of  six  days'  duration  ;  and 
that  they  were  taken  in  not  more  than  three  days  after  I  received 
information  respecting  them. 

"  It  is  expected  that  this  prompt  detection  and  punishment  of  the 
first  attempt  at  piracy,  since  the  arrangement  of  my  forces  on  the 
coast,  will  deter  them,  at  least  for  a  time,  from  fitting  out  any  new 
expeditions." 

Commodore  Porter  to  the  Secretary  of  the  Navy. 
SEA  GULL,  ALLENTON,  Thompson's  Island,  July  \ltht  1823. 

SIR  :  It  is  with  infinite  satisfaction  I  do  myself  the  honour  to  lay 
before  you  Lieutenant  Comd't  Watson's  official  report  of  the 
almost  total  annihilation  of  the  crews  of  two  piratical  vessels,  by 
the  barges  Gallinipper  and  Musquito,  under  his  command. 

When  we  take  into  consideration  the  immense  superiority  of 
force  opposed  to  him,  the  advantage  and  preparation  on  the  part  of 
the  pirates,  and  the  result  of  the  action,  we  cannot  but  be  impress- 
ed with  the  conviction,  that  nothing  less  than  Providential  influence 
and  protection  could  have  occasioned  consequences  so  fatal  to  the 
pirates,  and  so  exempt  from,  injury  on  our  side,  as  to  appear  almost 
miraculous. 

The  five  surviving  pirates,  being  desperately  wounded,  I  have, 
in  compliment  to  the  favourable  disposition  and  zealous  co-opera- 
tion of  the  authorities  of  Havana,  sent  to  the  Captain  General  of 
Cuba,  to  be  tried  by  the  laws  of  Spain. 

Enclosed  is  a  copy  of  my  letter  to  him  on  the  subject. 

I  cannot  close  this  communication,  without  expressing  a  hope 
that  the  brilliant  success  of  Lieut.  Commandant  Watson,  and  his  ex- 
cellent character  as  an  officer  and  man,  may  induce  the  Department 
to  promote  him  to  a  higher  grade,  as  the  most  suitable  reward  for 
his  services. 

I  have  the  honour  to  be,  with  great  respect,  your  obedient  ser- 
vant, D.  PORTER. 

Hon.  SMITH  THOMPSON,  Secretary  of  the  Navy. 

(Copy.) 

SEA  GDLL,  PORT  RODGERS,  August  Itt,  1823. 

SIR  :  Application  has  been  made  to  me  by  the  American  Consul, 
to  take  one  million  of  dollars  from  La  Vera  Gruz  to  Cadiz,  in  Oc- 


211 

tober,  and  as  we  have  but  few  opportunities  in  this  way,  to  make 
a  little  for  ourselves,  may  I  ask  the  indulgence  of  the  Department 
in  this  respect. 

If  a  direct  conveyance  cannot  be  granted,  can  t  send  the  money 
to  the  United  States  ?  And  can  a  trans-shipment  take  place  from 
thence  to  Cadiz  ?  This  course  will  obviate  all  objections  as  re- 
gards the  belligerent  character  of  the  property,  if  any  exists. 

An  answer  by  the  return  vessel  is  desirable. 

1  have  the  honour  to  be,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Honourable  Secretary  of  the  Jfary. 

I  certify  the  above  to  be  a  true  copy  from  the  original. 

CHAS.  HAY,  Chief  Clerk. 
NAVY  DEPARTMENT,  lOth  May,  1825. 

Extract  of  a  letter  from  Coin.  David  Porter  to  the  Secretary  of  the  Aary,  dattd 

On  board  the  SEA  GULL, 
ALI.ENTO.V,  THOMPSON'S  ISLAND,  August  1st,  1823. 

"  I  have  been  engaged,  since  the  return  of  the  barges,  under  Lt. 
Com.  Watson,  in  preparing  them  for  an  expedition  to  the  piratical 
establishment. at  New  Malaga,  against  the  arrival  of  the  expected 
vessels,  from  which  I  calculated  on  getting  men  ;  but  I  have  lately 
been  informed,  by  the  arrival  of  a  British  brig  of  war  at  this  place, 
(with  every  officer  and  man  down  with  the  yellow  fever,  except 
thirteen,)  that  a  sloop  of  war  and  several  light  vessels  irom  Jamaica, 
have  gone  against  that  place.  I  shall,  consequently,  as  there  is 
much  danger  from  sickness  on  that  coast,  delay  mv  departure  until 
I  hear  the  result  of  the  British  expedition,  and  nTrve  directed  the 
commander  of  the  Hornet  to  take  one  of  the  small  fchooners,  (now 
on  the  coast  of  Cuba)  with  him,  to  send  back  with  such  information 
as  he  may  collect  on  the  subject.  There  have  been  no  captures, 
(except  Spanish,  by  open  boats,)  by  pirates,  on  this  side  of  the  Isl- 
and of  Cuba,  since  I  have  been  here,  and  no  pirate  has  appeared, 
that  we  have  not  captured." 


Extract  of  a  letter  from  Com.  David  Porter  to  the  Secretary  of  the  Nary,  dated 
SEAGULL,  PORT  RODOERS,  August 3ls/,  1823. 

"  It  is  with  the  deepest  regret,  I  have  to  inform  you,  the  yellow 
fever  has  lately  made  its  appearance  among  us,  to  an  alarming  de- 
gree, and  has  carried  off  several.  For  information  as  to  the  number 
of  deaths,  and  the  present  situation  of  the  sick,  I  beg  leave  to  refer 
you  to  the  enclosed  medical  reports,  and  to  say,  that  we  are  badly 
off  for  medical  assistance." 


Commodore  Porter  to  Commodore  Chauncey. 

WASHINGTON  CITY,  October  27, 1823. 

SIR  :  I  have  the  honour  to  report  to  you  my  arrival  here,  in  the 
U.  S.  galliot  the  Sea  Gull,  from  Thompson's  "island,  in  forty-three 


212 

days  ;  and  from  which  place  I  was  driven  with  the  squadron,  by  a 
pestilence  which  made  its  appearance  there,  carrying  off,  in  a  short 
time,  for  the  want  of  the  necessary  medical  aid  on  the  station,  a 
great  number  of  valuable  officers  and  men.  This  circumstance  in- 
duced me  to  order  the  large  vessels  to  Hampton  Roads,  there  to  re- 
main for  a  short  time,  where  medical  assistance,  if  required  by  them 
on  their  arrival,  could  be  obtained.  But  I  am  happy  to  inform  you 
that,  with  the  exception  of  some  intermittents,  contracted  since 
their  arrival,  they  are  perfectly  healthy,  as  all  the  small  vessels 
were  which  were  left  on  the  station. 

The  vessels  on  the  West  India  station  have  never  been  more 
healthy  than  they  have  been  this  season,  the  disease  with  which  we 
have  been  afflicted  being  altogether  local,  and  originating  in  the  de- 
composition of  vegetable  substances,  after  the  heavy  rains,  and  dur- 
ing the  succeeding  intense  heat  of  the  weather.  My  experience 
convinces  me  that,  from  the  middle  of  July  to  the  middle  of  Octo- 
ber, the  lee  side  of  Thompson's  Island  is  an  unfit  residence  for  man  ; 
for  the  rest  of  the  year,  no  place  within  the  tropics  can  be  more 
healthy.  Those  who  have  resided  on  the  weather  side  of  the  Isl- 
and, have  at  all  times  been  exempt  from  the  sickness  with  which 
those  to  the  leeward  have  been  afflicted.  As  a  place  of  deposite 
for  our  stores,  and  of  repair  for  our  vessels  employed  on  the  coast 
of  Cuba,  no  place  can  be  better  adapted  ;  but,  while  the  same  cause 
for  disease  exists,  and  they  must  ever  esist,  it  would  not  be  prudent 
to  make  it  a  permanent  station,  where  many  men  would  be  exposed 
to  the  baneful  influence  of  the  sickly  season.  As  we  are  now  hap- 
pily situated,  with  reg-ard  to  the  authorities  of  Cuba,  the  inconveni- 
ence of  an  absence  of  three  or  four  months  from  Thompson's  Island 
would  not  be  fejj;  and  the  excellent  and  healthy  harbour  of  Matan- 
zas,  where  we  enjoy  every  facility  and  convenience  from  the  local 
authorities,  will  obviate  all  the  other  inconveniences  which  might 
otherwise  be  experienced.  The  short  delay  -of  receiving  stores 
from  on  board  the  ships  from  the  Island,  and  the  position  they  may 
take  outside  the  harbour,  free  from  the  influence  of  the  poisonous 
vapour  which  arises  from  the  ponds,  would  render  them  secure 
from  its  effects.  Should  it  be  the  design  of  the  Government  to  keep 
a  force  there,  I  had  proposed  to  myself  this  arrangement.  Under 
all  circumstances,  however,  it  will  be  proper  to  have  more  medical 
men  on  the  station  ;  and  had  the  necessary  number  been  furnished 
this  year,  the  squadron  would  have  been,  no  doubt,  in  a  great  mea- 
sure saved  from  the  deplorable  consequences  which  have  resulted, 
as  the  disease,  in  the  commencement,  was  completely  under  tho 
control  of  medicine  ;  but,  I  regret  to  say,  that  several  perished 
without  receiving  any  medical  aid  whatever,  and  without  ever  see-- 
ing  a  physician.  The  whole  of  the  medical  men,  with  scarcely  an 
exception,  were,  from  their  great  fatigue  and  exposure,  taken  down 
with  the  disease,  and  we  were  left  to  perish  for  want  of  that  assis- 
tance which  we  thought  ourselves  entitled  to.  I  am  well  aware, 
however,  of  the  difficulties  the  Department  has  laboured  under,  to 
make  the  surgeons  do  their  dutv. 


The  Sea  Gull  will  want  coppering,  and  some  other  repairs  ;  the 
rest  of  the  vessels  are  in  general  in  good  order.  Several  of  the  ofii- 
cers  of  the  squadron  under  my  orders  request  leave  of  absence  for 
a  short  time,  and  many  applications  are  daily  made  to  me  on  points 
of  duty  relating  to  my  command.  I  beg  to  be  informed  by  you. 
whether  I  am  to  act  on  these  matters  as  1  have  done  heretofore,  or 
to  leave  them  to  the  management  of  the  Navy  Department. 

I  shall  hold  myself,  and  the  vessels,  ready  to  return  to  the  station, 
so  soon  as  it  can  be  done  with  safety  to  those  on  board.  I  must  en- 
treat of  you,  however,  an  additional  supply  of  medical  men  for  the 
vessels  of  the  squadron,  and  for  the  establishment  on  shore. 

1  have  the  honour  to  be,  with  great  respect,  your  obedient  serv't, 

D.  PORTER. 

Com.  ISAAC  CHAPWCET,  Senior  member  of  the  Board  of  .\Vry 
C'omwiVs,  and  deling  Sec.  of  the  jVar.v. 

Com.  Porter  to  the  Secretary  of  (lie  .Vary. 

BALTIMORE,  JVbremier  19th,  1"23. 

SIR:  In  conformity  wilh  your  wishes,  verbally  expressed  to  mo, 
I  have  the  honour  to  submit  to  you  a  brief  outline  of  my  proceed- 
ings in  the  West  Indies,  with  the  squadron  under  my  command,  for 
the  suppression  of  piracy,  and  lor  the  protection  of  persons  and 
property,  of  the  citizens  of  the  United  State?. 

In  order  to  take  in  as  large  a  field  for  operation  as  possible,  I 
proceeded  with  my  squadron,  consisting  of  a  sloop  of  war,  a  steam 
galliot,  a  store  ship,  and  nine  schooners,  to  windward,  touching  at 
,  St.  Thomas's,  showing  my.  forces  off  the  forts  of  I'orto  Rico,  and 
although  my  presence  there,  v/as  attended  wilh  the  loss  of  a  gallant 
young  officer,  it  resulted  in  the  raising  of  the  blockade  of  the  coasts 
of  the  Colombian  Republic,  and  gave  a  check  to  a  system  of  li- 
censed piracy,  which  had  for  a  long  time  previously  been  practised, 
from  St.  John's,  and  other  ports  of  that  island. 

From  thence,  1  continued  to  scour  the  coasts  of  the  Islands  of  the 
West  Indies  to  Cuba,  the  place  of  our  destination,  where  we  found 
piracy  in  full  force  ;  but,  by  the  extraordinary  activity  and  vigi- 
lance of  the  officers  and  men,  under  my  command,  it  was,  in  les.- 
than  two  months  from  our  arrival,  as  completely  suppressed,  as  it 
is  at  this  moment,  or  will  be  for  several  years. 

The  actual  presence  of  an  active  naval  force,  with  a  proper  un- 
der~  anding  with  the  authorities  on  shore,  being  the  only  means  by 
which  the  hordes  of  desperadoes,  which  have  so  long  infested  ihe 
almost  unknown  coasts  of  this  extensive  Island,  can  be  completely 
exterminated,  happily,  the  utmost  cordiality,  and  most  perfect  co- 
operation, has  existed  between  the  authorities  of  Cuba,  and  myself; 
and,  from  them,  I  have,  received  every  countenance  which  could 
aid  me  in  effecting  an  object,  so  interesting  to  the  whole  civilized 
world,  and  so  honourable  to  the  character  of  our  country  ;  and  from 
thos"  tinder  my  command,  a  zeal  and  activity  which  have  been  rare- 


214 

\y  equalled,  and,  I  will  venture  to  say,  have  never  been  surpassed, 
ia  any  Navy,  or  on  any  service. 

Humanity  will  deploie  the  loss  of  the  many  gallant  spirits  which 
accompanied  me,  and  which  shared  in  this  mo«t  arduous  duty  ;  but 
she  will  console  herself  in  the  reflection,  that  the  whole  world  has 
benetitted  by  their  exertions,  and  that  numbers  unknown  have,  by 
them,  been  saved  from  the  knives  of  the  most  blood-thirsty  mon- 
sters that  ever  disgraced  the  name  of  man. 

The  details  of  the  operations  of  the  forces  entrusted  to  me  have, 
from  time  to  time,  been  communicated  to  you.  I  beg  leave,  there- 
fore, to  refer  you  to  the  archives  of  the  office  for  more  minute  in- 
formation. It  will,  I  hope,  suffice  to  say,  that,  at  present,  I  have  no 
knowledge  of  the  existence  of  any  piratical  establishment,  vessels, 
or  boats,  or  of  a  pirate  afloat,  in  the  West  Indies  and  Gulf  of  Mexi- 
co. They  have  all  been  burnt,  taken,  destroyed,  and  driven  to  the 
shore,  where  the  latter  have,  in  most  cases,  been  speedily  captured 
by  the  local  military. 

Some  severity  has  been  exercised  while  the  battle  lasted,  but  thi 
result  has  been  beneficial,  the  examples  having  strtick  a  panic 
which  will,  no  doubt,  long  serve  to  deter  others  from  embarking  in 
similar  pursuits. 

The  fixing  an  establishment  at  Thompson's  Island  for  rendezvous 
and  supplies,  as  my  instructions  required,  has  had  the  most  h;,ppy 
effect  in  attaining  the  object  in  view.  Its  vicinity  to  Havana,  placed, 
as  it  were,  in  the  thoroughfare  of  vessels  sailing  through  the  Gulf, 
makes  it,  in  many  points  of  view,  an  object  of  great  importance  to 
the  United  States  ;  and,  although  for  three  months  in  the  year  it 
must  ever  remain  sickly,  while  existing  causes  continue,  it  is,  from 
its  extraordinary  salubrity  for  the  remainder  of  the  year,  worthy  a 
closer  examination,  to  ascertain  whether  they  may  not  be  eradicated. 
It  is  my  opinion,  that,  hy  thinning  the  woods,  and  draining  off  the 
heavy  rains  of  the  month  of  June,  thereby  promoting  a  free  circu- 
lation of  air,  evaporation  and  dispersion  of  the  water  rendered  stag- 
nant by  the  excessive  heat  of  June,  and  which  causes  the  rapid  de- 
composition of  the  vegetable  matter  with  which  the  Island  abounds, 
the  months  of  August,  September,  and  October,  might  be  made  suf- 
ficiently healthy  for  the  residence  of  man  ;  but,  at  present,  the 
poisonous  effluvia  arising  from  these  causes,  is  almost  certain  de- 
struction to  whoever  breathes  it.  Had  I  been  aware  of  its  perni- 
cious effects,  I  could,  without  any  inconvenience,  have  guarded 
against  them  by  an  earlier  removal  of  the  ships  ;  but  it  took  us  by 
surprize,  and  the  malignity  of  the  disease  was  unparalleled.  It  is 
certain  that  it  originated  on  the  Island,  for  our  ships,  with  the  ex- 
ception of  those  sent  to  work  on  shore,  have,  in  their  crews,  en- 
joyed uncommon  health. 

In  nay  intercourse  with  foreign  officers;  in  general,  I  have  re- 
ceived from  them  every  attention,  and  from  none  more  than  those 
of  the  British  Navy.  The  Jamaica  station  had  heretofore  been 
commanded  by  an  Admiral ;  but,  when  Sir  Edward  Owens,  an  offv 


215 

cer  of  the  same  rank  as  myself,  was  charged  with  a  force  for  the 
suppression  of  piracy,  Admiral  Rowley  was  recalled  to  England, 
{hat  we  might  meet  on  equal  grounds. 

Offers  for  co-operation  were  repeatedly  made  to. me,  but,  feel- 
ing that  the  forces  under  my  command  were  fully  adequate  to  the 
object,  I  declined  confining  myself  to  any  general  plan,  leaving  it 
altogether  to  the  accidental  meetings  of  our  respective  forces,  and 
to  circumstances.  It  affords  me  pleasure  to  say,  that,  whenever 
such  meetings  did  take  place,  with  a  common  object  in  view,  they 
have  been  attended  with  the  happiest  results. 

The  law  making  appropriation  for  the  suppression  of  piracy,  li- 
mited the  amount  to  be  expended  to  $160,000  ;  and,  in  the  expen- 
diture, much  latitude  was  given  to  me  by  the  honourable  Secretary 
©f  the  Navy,  and  the  Board  of  Navy  Commissioners.  In  the  ex- 
ercise of  the  trust  reposed  in  me,  1  have  endeavoured  to  observe 
the  utmost  economy;  and,  when  all  shall  be  deducted  which  has 
been  charged  to  the  appropriation  for  this  object,  and  shall  be 
charged  under  the  proper  heads,  it  will  be  found  that  a  large  unex- 
pended balance  will  be  remaining  in  the  Treasury. 

The  improvements  of  Thompson's  Island,  transportation  of  stores 
for  the  general  service,  medicines,  hospital  stores,  &c.  &c.  &c. 
are  of  this  description  ;  and,  when  the  sale  of  the  vessels  purchased 
for  this  service,  shall  take  place,  and  their  proceeds  be  returned 
to  the  Treasury,  the  expense  of  the  expedition  will  be  a  subject 
scarcely  worthy  of  consideration. 

Should  the  gradual  withdrawal  of  the  small  vessels  take  place,  I 
beg  leave  to  suggest,  that  a  frigate,  in  addition  to  the  two  sloops  of 
war  now  attached  to  the  squadron,  is  due  to  the  character  of  our 
service,  to  the  respectability  of  our  flag  in  that  quarter  of  the 
world,  and  would,  by  the  convenience  she  would  afford  to  our  open 
boats,  in  the  pursuit  of  pirates,  offer  the  most  certain  means  of 
keeping  them  in  check. 

The  moral  effect  produced  by  this  expedition  should  not  be  over- 
looked. The  system  of  privateering  which  has  prevailed,  has, 
from  its  looseness,  been  the  cause  of  many  vexations  to  our  com- 
merce. Our  presence  has  occasioned  the  older  Governments  to 
recal  vessels  of  this  description,  and  the  new  Governments  of 
America  to  issue  their  commissions  with  more  precautions,  to  guard 
against  abuse  :  consequently,  our  commerce  is  free  from  interrup- 
tion, and  our  flag  respected  throughout  those  seas. 

1  have  the  honour  to  be,  &c.  D.  PORTER. 

Hon.  SECRETARY  OE  THE  NAVY,  Washington. 


WASHINGTON  CITY,  November  27,  1823. 

SIR  :  Agreeable  to  your  wish,  I  have  perused  the  letter  from 
Mr.  Biddle,  and  fully  concur  with  him  in  the  necessity  of  affording 
protection  to  our  Mexican  commerce,  and  the  advantage  resulting 
the  transportation  of  specie  in  our  ships  of  war,  as  the  most 


216 

certain  means  of  taking  away  the  powerful  temptation  for  piratical 
depredations  on  merchant  vessels. 

Since  I  have  had  the  honour  to  command  on  the  West  India  sta- 
tion, I  have  kept  one  vessel  constantly  in  the  Gulf  of  Mexico,  to 
give  protection  to  the  persons  and  property  of  our  citizens,  and  for 
the  transportation  of  specie  to  the  United  States,  agreeable  to  the 
orders  of  the  Hon.  Secretary  of  the  Navy,  of  the  1st  Feb.  1823. 
Many  applications  have  been  made  to  me  to  permit  cochineal  to  be 
embarked  with  the  specie,  but  I  have  invariably  opposed  it,  because 
I  had  .no  instructions  which  would  authorize  my  consenting  to  the 
measure  ;  and,  however  it  might -have  been  to  my  interest,  or  to 
the  interest  of  the  merchants,  1  was  not  willing  to  give  my  sanction 
to  what  might  be  liable  to  abuse,  and  bring  censure  on  me. 

I  have  gone  no  further  in  this  respect  than  my  orders  required, 
and  the  consequence  has  been  that  many  millions  have  found  their 
way  to  England  in  British  men  of  war  that  would  otherwise  have 
been  brought  to  this  country  in  our  own  ships,  as  merchants  inva- 
riably embark  their  specie  in  the  same  vessel  with  their  cochineal. 

Of  the  propriety  of  adopting  the  measure,  being  a  party  inter- 
ested, it  might  be  improper  in  me  to  speak.  I  can  only  say,  that 
whatever  orders  I  may  receive,  they  shall  be  punctually  obeyed, 
and  whatever  course  the  Department  may  think  proper  to  take,  I 
shall  endeavour  by  an  honest  and  faithful  discharge  of  the  trust  re- 
posed in  me,  to  meet  its  views,  anU  if  vigilance  can  prevent  abuses, 
none  shall  be  practised  by  any  under  my  command. 

1  have  the  honour  to  be,  with  great  respect,  your  obedient  serv't. 

(Signed,)  D.  PORTER. 

Hon.  SAM^L  L.  SOUTHARD,  Secretary  of  the  Navy. 

I  certify  the  above  to  be  a  true  copy  of  the  original. 

CHAS.  HAY,  Chief  Clerk. 
NAVY  DEPARTMENT,  10th  May,  1825. 


WASHINGTON  CITY,  29//t  November,  1823* 

SIR  :  I  have  the  honour  to  state  to  you  that  it  is  in  my  opinion 
necessary  and  proper  that  the  rate  and  application  of  freights  for 
'.•arrying  specie  in  our  ships  of  war  should  be  fixed  by  the  Depart- 
ment, as  there  is  no  existing  regulation  on  the  subject. 

The  merchant  is  glad  to  avail  himself  of  the  protection  and  secu- 
rity thus  offered  to  his  property,  for  which  he  is  willing  to  pay. 
It  is  made  the  duty  of  the  commander  of  the  ship  to  give  protec- 
tion and  security,  and  to  take  on  himself  responsibilities  for  which 
he  ought  to  be  paid.  It  increases  the  duties  and  responsibilities  of 
the  commander  of  the  squadron,  for  which  he  ought  to  be  compen- 
sated, and  it  gives  some  additional  trouble  and  labour  to  the  officers 
and  crew,  for  which  they  ought  to  receive  some  benefit. 

It  has  been  the  custom  to  divide  the  freight  into  three  parts,  of 
which  one  part  has  been  given  to  the  commander  of  the  squadron, 
and  the  other  two  to  the  Captain  of  the  ship,  thereby  making  the 
distribution  the  same  as  the  shares  in  prize  money  :  but  there  be* 
ing  no  established  rule,  it  depends  altogether  on  the  terms  the  com- 


217 

mander  of  the  squadron  and  the  Captains  may  be  on,  whether  the 
custom  shall  continue.  For  my  own  part,  I  have  never  claimed  any 
share,  but  it  has  invariably  been  paid  to  me  voluntarily  by  the  cap- 
tains, from  a  sense  of  justice  on  their  part. 

The  British  regulations  established  by  a  proclamation  of  the 
King,  dated  12th  of  July,  1819,  copy  of  which  I  have  the  honour, 
to  submit  to  you,  divides  the  amount  of  freight  into  four  parts,  one 
of  which  is  paid  to  the  commander  of  the  fleet  or  squadron,  two- 
fourths  to  the  commander  of  the  ship  carrying  the  treasure,  and 
signing  the  bill  of  lading  or  receipt,  and  one-fourth  to  Green- 
wich Hospital,  for  the  use  of  that  Institution. 

This  rule  embraces  every  desirable  ohject,  and  is  founded  on 
justice,  as  it  gives  to  the  one  who  has  the  greatest  responsibility, 
the  largest  amount  of  compensation. 

A  similar  rule  might  be  adopted  to  advantage  in  our  service,  giv- 
ing one-fourth  to  the  Navy  Pension  Fund,  which  should  be  receiv- 
ed by  the  commander  of  the  squadron,  and  which  he  should  pay 
over  to  those  appointed  to  receive  it.  As  regards  the  rates  of  car- 
rying freight,  we  have  always  been  governed  by  those  established 
^y  the  proclamation  above  alluded  to,  wherein  you  will  perceive  a 
difference  between  the  freight  of  treasures  belonging  to  the  crown, 
and  of  those  belonging  to  other  parties.  In  both  cases  there  is 
great  responsibility  on  the  officers  commanding,  who  is  held  answer- 
able for  the  exact  amount,  and  it  is  proper  that  he  should  receive 
•an  indemnity. 

By  the  adoption  of  this  rule  as  suggested,  I  should  certainly  be 
the  sufferer  in  a  pecuniary  point  of  view  ;  but  a  strict  regard  tq 
justice,  and  a  desire  to  reduce  to  rule  what  is  now  left  to  chance, 
which  might,  under  other  circumstances,  jeopardize  the  harmony 
of  the  squadron,  and  occasion  disputes,  induces  me  to  ask  your 
early  instructions  on  the  subject. 

I  have  the  honour  to  be,  with  great  respect,  your  very  obedient 
servant,  (Signed,)  D.  PORTER. 

Hon.  Secretary  of  the  Navy.  _ 

I  certify  the  above  to  be  a  true  copy  from  the  original. 

CHAS.  HAY,  Chief  Clerk. 


U.  S.  SHIP  JOHN  ADAMS,  January  14,  1821. 

SIR  :  I  have  the  honour  to  state,  for  the  information  of  the  Board 
of  Navy  Commissioners,  that  I  shall  put  to  sea  with  this  ship,  the 
Grampus,  and  the  Sea  Gull,  on  the  17th  of  this  month.  The  Hor- 
net is  still  in  the  hands  of  the  officers  of  the  Yard,  and  it  is 
uncertain  when  she  will  be  ready.  She  is  in  want  of  one  more 
chain  cable,  as  the  one  intended  for  her  was  sent  to  the  Peacock. 
There  will  be  sufficient  time  for  one  to  be  made  and  sent  to  her 
before  she  leaves  this  place. 

I  have  the  honour  to  be,  with  great  respect,  your  ob'dt  serv't, 

(Signed,)  D    PORTER. 

HOD.  JOHN  RODOBRS,  President  of  (he  Board  of  JVam/  Comm'irrs.  Washington- 

28 


218 

Copy  of  a  letter  from  Com.  David  Porter  to  the   Secretary  of  the  Navy,  dated 
U.  S.  SHIP  JOHW  ADAMS,  Norfolk,  January  20/&,  1824. 

Sm  :  in  reference  to  your  letter  of  the  15th  inst.  enclosing  one 
from  Mr.  Cambreleng,  I  have  the  honour  to  state  that  I  despatched 
the  U.  S.  schooner  Shark,  on  or  about  the  1st  of  this  month,  to 
cruise  in  the  neighbourhood  of  La  Vera  Cruz,  Tampico,  and  Alva- 
rado,  until  the  1st  of  March,  for  the  protection  of  our  commerce 
in  that  quarter,  and  to  be  relieved  at  that  time  by  the  U.  S.  brig  Spark 
and  schooner  Weazel,  which  vessel  sailed  two  days  since,  with  in- 
structions to  scour  (he  West  Indies  for  piratical  vessels,  said  to  be 
out  previous  to  going  there. 

The  Spark  will  be  relieved  by  the  Grampus  and  another  small 
schooner  by  the  middle  of  May,  and  I  shall  give  regular  and  con- 
stant protection  to  the  persons  and  property  of  our  citizens  in  the 
Gulf  of  Mexico,  so  long  as  1  am  honoured  with  any  present  com- 
mand, unless  I  receive  orders  from  you  to  the  contrary.  1  contem- 
plate, by  a  constant  routine,  giving  equal  protection  to  our  colony 
on  the  coast  of  Africa  and  guarding  against  the  slave  trade,  provided 
it  meets  with  your  approbation. 

I  have  the  honour  to  be,  with  great  respect,  your  ob't  servant, 

D.  PORTER 

Hon.  SAMUEL  L.  SOUTHARD,  Secretary  of  the  Nary. 


Copy  of  a  letter  from  Com.  David  Porter  to  the  Srcretary  of  the  Nivy,  dated 
U.  S.  SHIP  JOHN  ADAMS.  Off  HAVANA,  April  8, 1824. 

SIR  :  I  have  the  honour  to  inform  you,  that,  in  my  route  to  this 
place,  I  have  touched  at  St.  Bartholomews,  St.  Christopher's,  St. 
Thomas's  :  examined  the  south  Coast  of  Porto  Rico,  looking  in  at 
the  Dead  Man's  Chest  and  Ponce,  two  noted  places  for  Porto  Rico 
privateers  ;  touching  at  Mona,  St.  Domingo,  Beata,  and  Kingston, 
making  diligent  inquiries  and  examinations  for  piratical  vessels,  and 
offering  convoy  and  protection  to  vessels  of  all  nations  from  pirati- 
cal aggressions . 

In  the  course  of  this  long  route,  although  we  have  visited  places 
formerly  the  rendezvous  of  pirates,  and  saw  evidences  of  their  ha- 
ving been  recently  there,  we  have  not  been  so  fortunate  a?  to  capture 
any,  nor  have  we  seen  any  vessels  of  a  suspicious  character,  until 
two  days  since,  when  we  pursued  a  small  schooner  which  took  shel- 
ter among  the  Colorados  reefs,  and,  from  every  circumstance,  there 
cannot  be  a  doubt  that  she  is  a  pirate. 

1  shall,  as  soon  as  I  can  place  the  vessels  now  under  convoy  in 
safety,  hasten  to  Thompson's  Island,  to  despatch  the  barges  and 
small  vessels  in  pursuit,  and  hope,  in  a  few  days,  to  have  her  in 
possession. 

It  appears  that  an  attempt  has  been  made  to  revive,  on  the  south 
side  of  Cuba,  that  system  of  piracy  which  had  so  long  prevailed. 
The  British  have  lost  some  men  in  attempting  to  suppress  it,  and  the 
fortunate  assemblage  of  a  large  British  force  at  the  Isle  of  Pines, 


219 

has,  1  have  been  informed,  caused  a  dispersion  of  the  gang.  Noth- 
ing but  the  presence  of  a  strong  and  active  force  can  keep  them  in 
order.  I  have  the  honour  to  be,  your  obedient  servant, 

D.  PORTER. 
To  the  Hon.  SAMUEL  L.  SOUTHARD,  Secretary  of  the  Navy. 

Copy  of  a  letter  from  Com.   David  Porter  to  the  Secretary  of  the  Navy,  dated 
UNITED  STATES'  SHIP  JOHN  ADAMS, 

Port  Rodgers,   Thompson's  Island,  April  24/A,  1824. 
SIR  :  I  have  the    honour  to  transmit  to  you  a   copy  of  Captain 
Wilkinson's  report  of  the  expedition  after  the  piratical  schooner. 

I  shall  immediately  despatch  vessels  to  the  coast  of  Yucatan,  in 
pursuit  of  the  vessel  of  which  he  gives  information. 
I  have  the  honour  to  be,  very  respectfully, 

D.  PORTER. 
HOD  SAMUEL  L.  SOUTHARD,  Secretary  of  the  Navy. 

(Copy.) 

MATANZAS,  May  3rd,  182*. 

SIR  :  I  regret  extremely  to  learn  that  a  Bill  of  Exchange  of  5000 
dollars,  drawn  during  my  absence,  by  Mr.  T.  A.  Thornton,  Pur- 
ser, in  favour  of  Messrs.  Castillo,  Black  and  company,  and  approv- 
ed by  Captain  Wilkinson,  has  been  returned  protested,  with  seven 
hundred  dollars  expenses. 

My  fortunate  arrival  with  funds,  enabled  the  drawer  to  take  up 
the  Bill,  but  in  consequence  of  this  protest,  the  credit  of  Navy 
bills,  which  sold  for  two  and  a  half  and  five  per  cent  premium,  has 
greatly  suffered. 

I  shall  endeavour  to  do  with  what  funds  I  have,  and  can  obtain,  on 
my  own  credit,  until  I  hear  that  the  appropriation  has  been  made 
for  this  year.     I  have  the  honour  to  be,  your  obedient  servant, 
(Signed,)  D.  PORTER. 

Hon.  SAM'L  L.  SOUTHARD,  Secretary  of  the  Navy,  Washington. 

I  certify  that  the  above  is  a  true  copy  of  the  original  on  file  in 
the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

May  Uth,  1825. 


MATAKZAS,  May  4lh,  1824. 

SIR  :  I  have  the  honour  to  inform  you  that  1  have  sent  the  Decoy 
to  New  York  for  stores,  a  list  of  whi'ch  (copy  enclosed)  has  been 
furnished  to  the  Commandant  of  the  Navy  Yard, 

I  have  also  sent  the  Greyhound  to  New  York  to  be  coppered  and 
repaired,  as  we  have  not  mechanics  on  the  station  to  do  the  work 
required.  1  beg  leave  to  observe  that  a  stationary  force  of  five  or 
six  ship  carpenters,  ten  joiners,  four  blacksmiths,  three  boat  build- 
ers and  twenty  black  labourers,  could  be  very  advantageously  em- 
ployed at  Thompson's  Island. 

Such  men  cannot  be  shipped  at  the  rendezvous  ;  they  must  be 
got  on  the  same  terms  as  those  employed  at  our  Navy  Yards. 


2*20 

I  beg,  therefore,  the  Commissioners  will  cause  me  to  be  supplied 
with  them  I  have  the  honour  to  be,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Hon.  Joasi  RODGERS,  President  of  the  Board  of  Nary  Commissioners. 

(Copy.) 
SEA  GULL,  Matanzas,  May  28fA,  1824. 

SIR:  I  regret  to  be  under  the  necessity  of  informing  you,  that 
the  fever  has  made  its  appearance  on  the  island,  and  that  the  inabi- 
lity of  the  acting  Surgeon's  mate,  in  charge  of  the  medical  de- 
partment there,  to  attend  to  his  duty,  from  sickness,  renders  his 
return  to  the  North  necessary. 

I  have  sent  another  to  take  his  place,  but  this  leaves  us  deplora- 
bly off  for  medical  men. 

I  purpose  removing  the  principal  part  of  the  forces  to  the  north 
about  the  middle  of  next  month,  as  the  only  means  of  guarding 
against  the  consequences  of  a  deficiency  of  Surgeons*. 

I  have  the  honour  to  be,  your  obedient  servant, 

(No  Signature.) 
Hon.  SAM'L  L.  SOUTHARD,  Secretary  of  the  Nary. 


Copy  of  a  letter  from  Com.  David   Porter  to  the  Secretary  of  the  Navy,  dated 

U.  S.  GALLIOT  SEA  GULL.,  Matanzas,  June  1st,  1824. 
Sin  :  1  have  the  honour  to  endose  you  a  copy  of  a  letter  from 
Lieutenant  Commandant  John  H.  Lee,  who  was  sent  by  me  in  pur- 
suit of  the  pirate  that  escaped  from  the  Colorados.     1  shall  not  ceas« 
the  pursuit,  until  I  hear  of  his  capture  or  destruction. 

1  have  the  honour  to  be,  with  great  respect,  your  ob'dt  servant, 

D.  PORTER. 
HON.  SECRETARY  of  the  Nary. 


WASHINGTON,  June  2.5th,  182*. 

SIR  :  I  have  the  honour  to  inform  you,  that  I  arrived  here  yes- 
terday, in  the  Sea  Gall,  from  the  coast  of  Cuba,  in  nine  days,  and 
shall  be  prepared  to  return  to  the  West  Indies  so  soon  as  the  season 
will  render  it  safe  to  do  so,  and  my  health,  which  requires  a  re- 
spite, from  the  effects  of  a  tropical  climate,  will  admit. 

My  former  communications  have  apprized  you  of  my  intention  of 
removing  most  of  the  vessels  under  my  command,  to  the  north,  du- 
ring the  sickly  season.  Orders  have  been  given  by  me,  on  the  sub- 
ject, and  every  arrangement  made,  to  give  as  much  protection  to 
our  commerce,  as  the  force  remaining  on  the  station,  will  admit. 

I  have  purposed  sailing  from  New  York  and  visiting  in  my  way 
out.  as  heretofore,  the  Windward  Islands,  so  soon  as  I  can  get  a 
sufficient  force  together,  and  leaving  a  small  detachment  in  the 
neighbourhood  of  St.  Thomas,  for  the  protection  of  our  commerce 
there,  where  it  was  asked  for  by  our  merchants,  when  i  last  vifiited 
'.hat  place. 


The  John  Adams,  it  is  probable,  will  require  heaving  out  on  hei 
return,  which  will  be  in  a  week  or  two,  which  will  leave  me  with 
only  one  sloop  of  war. 

As  the  health  of  Captain  Wilkinson  required  his  return,  1  have 
left  Lieut.  Oellers  in  command  at  Thompson's  Island,  with  full  in- 
structions as  to  the  duties  to  be  performed  there  ;  and  I  have  left 
all  necessary  orders  also  for  the  commanders  of  such  vessels  as 
may  arrive  during  my  absence. 

The  island  promises  to  be  healthy  this  season.  I  have  left  about 
sixty  officers  and  men  there;  but  I  am  sorry  to  say,  1  had  only  a 
surgeon's  mate  to  leave  to  attend  them  during  the  sickly  season. 

I  have,  during  this  season,  greatly  improved  the  comfort  and  con- 
dition of  the  island,  and  thereby  lessened  that  repugnance  to  re- 
maining there,  which  formerly  existed  among  both  officers  and 
men. 

I  shall  proceed  to  New  York,  in  a  few  days,  to  hasten  the  de- 
spatch of  the  stores,  for  the  squadron  and  island,  which  are  now 
preparing  there,  and  which  are  much  required. 

If  there  are  any  instructions  from  the  Department  affecting  my 
various  duties,  1  shall  be  happy  to  be  furnished  with  them,  as  early  as 
possible.  1  have  the  honour  to  be,  sir,  your  most  obedient  servant 

(Signed,)  D.  PORTER. 

Hon.  SAM'L  L.  SOUTHARD,  Secretary  of  the  Navy. 

(Copy.) 

WASHINGTON,  July  14/A,  182*. 

SIR  :  I  have  the  honour  to  submit  to  you  the  accompanying  copy 
of  a  correspondence,  on  the  subject  of  the  sloop  Cherub,  and  the 
vexations  to  which  our  commerce  is  subjected,  in  the  Mexican  port 
of  Tatnpico. 

I  shall,  as  far  as  depends  on  me,  endeavour  to  afford  it  every  pro- 
tection. I  have  the  honour  to  be,  very  respectfully, 

(Signed)  D.  PORTER. 

Hon.  SAM'L  L.  SOUTHARD,  Secretary  of  the  Navy. 

I  certify  the  foregoing  to  be  a  true  copy  of  the  original  on  file 
in  the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

]2//t  May,  1825. 


Copy  of&  letter  from  Com.  David  Porter  to  the  Secretary  of  the  A'avy,  dated 
WASHINGTON,  August  9,  1824. 

SIR  :  1  have  the  honour  to  transmit  you  the  enclosed  copy  and 
translation  of  a  correspondence  between  Lieut.  Commandant  John 
Ritchie  and  the  Commandant  of  Tampico  :  and,  in  reply  to  your  in- 
structions of  the  20tb  ultimo,  requiring  protection  to  the  citizens  of 
the  United  States  engaged  io  commerce  with  that  port, have  to  state 
that  the  Shark  and  two  of  the  small  schooners  have  been  sent  to 
the  Gulf  of  Mexico,  to  afford  the  protection  required. 

This,  under  existing  circumstances,  is  all  the  force  which,  at  pre- 
sent, can  be  sent  on  that  service.  The  sickly  condition  of  some  of 


222  v 

the  vessels  that  have  returned  to  the  United  States,  which  has  cau?eri 
them  to  be  placed  under  quarantine  ;  the  want  of  repairs  in  others  ; 
the  revival  of  piracy  about  Cuba  and  elsewhere,  and  the  reduced 
state  of  my  squadron,  from  these  and  other  causes,  prevent  my  af- 
fording, with  the  means  at  my  disposal,  as  much  protertion  to  the 
eilixens  of  the  United  States  engaged  in  commercial  pursuits  within 
the  limits  of  my  command,  as  1  could  wish. 

I  have  the  honour  to  be,  with  great  respect,  &c. 

DAVID  PORTER. 

Hon.  SECRETARY  OF  THE  NAVY. 

Copy  of  a  letter  from  Com.  David  Porter  to  the  Secretary  of  the  Jfaty,  doled 

WASHINGTON,  August  10,  1824. 

SIR  :  I  have  the  honour  to  acknowledge  the  receipt  of  your  letter 
of  the  29th  ult.  enclosing  a  copy  of  a  letter  from  W.  Neilson,  Pres- 
ident of  the  American  Insurance  Company  of  New- York,  complain- 
ing of  the  capture  of  the  Mercator,  near  the  port  of  Matanzas,  when., 
some  of  our  vessels  of  war  were  stationed  there,  reflecting  on  the 
Government  of  Cuba  for  permitting  the  seizing  of  "  numerous  and 
valuable  vessels  and  cargoes,  sailing  under  our  flag,"  charging  it 
with  connivance  or  imbecility,  and  justifying  the  Government  for  ta- 
king decisive  measures  for  the  protection  of  our  trade.  I  have  al- 
so received  your  letter  enclosing  an  application  from  the  merchants 
of  Matanzas,  for  further  protection  to  our  commerce  in  that  port, 
ns  well  as  your  letter  oi  the  28th  July,  enclosing  a  copy  of  a  letter 
from  the  master  of  the  brig  John,  of  Newport,  recounting  the  cir- 
cumstance of  the  robbery  of  that  vessel  near  the  harbour  of  Matan- 
zas, averting  that  there  w^re  no  United  States  vessels  on  that  side 
of  the  Island  of  Cuba,  and  stating  that  there  had  been  six  captures 
between  Matanzas  and  Havana.  In  the  various  letters  accompa- 
nying these  statements,  it  is  enjoined  on  me  to  use  my  efforts,  and 
make  such  disposition  of  the  force  under  my  command,  as  will  ren- 
der piratical  aggresions,  of  this  description,  less  frequent,  if  it  is  pos- 
sible. The  whole  history  of  my  operations,  in  conjunction  with 
the  authorities  of  Cuba,  against  the  pirates,  renders  any  defence  of 
my  conduct,  or  the  conduct  of  those  under  my  command,  against 
any  imputations  of  neglect,  from  any  quarter,  unnecessary,  as  it  is 
well  known  to  the  Department  that  we  have  been  devoted  to  the 
inglorious  service, sacrificing  health,  comfort,  and  personal  interests, 
for  the  sole  object  of  suppressing  a  system  of  long  continuance,  the 
existence  of  which  was  disgraceful  to  the  civilized  nations  whose 
citizens  and  subjects  were  victims  to  it,  and  which  the  peculiarstate 
of  the  Government  of  Cuba,  arising  from  the  various  changes  in 
Spain,  and  the  numerous  facilities  to  piracy,  arising  from  the  nature 
of  the  population  of  the  island,  and  various  other  causes,  originat- 
ing in  the  suppression  of  the  slave  trade,  and  progress  of  the  South 
American  revolutions,  put  it  out  of  the  power  of  the  local  authori- 
ties to  suppress,  without  aid  from  othor  q-iarters,  which  was  no 
sooner  obtained,  by  our  presence,  than  the  most  zealous  co-opera* 


223 

Uvon  was  commenced  on  the  part  of  the  Government  of  Cuba, 
which  has  ever  since  continued,  and  has  chanced,  entirely,  the  char- 
acter of  piracy  from  the  bloody  and  remorseless  manner  in  which  it 
was  conducted,  to  simply  plundering  of  property,  and  the  means  from 
large  cruizing  vessels,  to  open  boats.  This  latter  mode  of  carrying 
on  their  depredations,  renders  it  extremely  difficult  to  detect  them, 
and  is  calculated  to  baffle  the  eflorts  of  the  most  vigilant,  from  the 
ease  with  which  they  are  enabled  to  possess  themselves  of  boats 
along  the  Coast  of  Cuba,  the  certainty  of  being  enabled  to  escape 
to  the  unsettled  coasts  of  the  island,  and  the  certainty,  for  some 
hours,  in  the  early  part  of  every  day,  that  merchant  vessels  may  be 
found,  becalmned,  near  the  land. 

Nothing  but  resistance  on  the  part  of  those  who  call  on  us  for 
protection,  can  put  down  the  present  system  ;  and  from  the  small 
force  employed  by  them,  the  mere  show  of  resistance,  in  a  few  in- 
stances, is  all  that  is  required.  We  have  seen  it  stated,  that  one  of 
the  vessels  robbed  was  taken  possession  of  by  a  boat  with  seven  men, 
and  plundered,  the  crew  beaten,  and  confined  below.  Surely,  sir, 
blame  should  not  be  attached  to  us,  or  to  the  Government  of  Cuba, 
for  the  dastardly  conduct  of  those  who,  with  the  most  ordinary  means 
of  defence,  which  every  merchant  vessel  affords,  could  permit  such 
an  act ;  as  well  might  this,  or  any  other  Government,  be  charged 
with  imbecility,  and  its  officers  with  neglect,  for  not  detecting  every 
highway  robber,  housebreaker,  incendiary,  or  counterfeit.  The 
charge  of  imbecility  must  rest  on  those  who  fail  to  defend  themselves 
against  their  petty  aggressions,  and  the  Cause  is  attributable,  almost 
entirely,  to  the  parsimony  of  the  owners,  who  fail  to  furnish  a  few 
weapons  to  put  into  the  hands  of  the  crew  of  vessels  destined  to 
Cuba. 

Those  robberies  are  committed  most  frequently  by  the  persons 
employed  in  loading  the  vessels,  who  are  well  acquainted  with  their 
destitution  of  fire  arms  at  the  time  of  sailing. 

I  have  taken  the  liberty  of  enclosing  you  reports  from  Lieut.  Me 
Intosh,  the  commandant  of  Thompson's  Island,  by  which  you  will 
perceive  that  every  vigilance  has  been  exercised  by  him  in  endea- 
vouring to  recapture  the  vessels  taken,  and  punish  the  offenders, \ 
that  at  the  ver%  time  that  YVm.  Norris  states  that  no  United  States'" 
vessels  were  on  the  north  side  of  Cuba,  the  Terrier,  Lt.  Paine,  and 
Diableta,  were  cruizing  there,  and  I  have  also  to  state,  that  the  Fer- 
ret, Lt.  Farragut,  was  on  that  coast  and  had  been,  daily,  (until  a  few 
days  previous,  employed  in  giving  convoy  in  and  out  of  the  harbouf, 
sometimes  with  his  vessel,  and  sometimes  with  his  small  boats.  I 
have  further  to  state,  that  the  John  Adams,  Corvette,  the  brig  Spark, 
the  schooner  Grampus,  the  Jackall,  WeazeJ,  and  the  Beagle,  have, 
a  short  time  since  the  date  of  Mr.  Norris's  letter,  all  visited  the 
coasts  and  ports  of  Cuba,  zealously  employed  in  the  protection  of 
our  commerce,  in  the  performance  of  which  duty,  I  regret  to  state-, 
that  Lt.  Montgomery  and  On  mm  ing,  with  several  others,  have  fal- 
len victims. 


224 

The  reports  of  Capt.  Dalla?,  Lieut.  Comnvts  Newton,  Sioat,  Lee, 
and  Zantzinger,  and  Act.  Lt.  Farragut,  wUh  which  you  have  alrea- 
dy been  made  acquainted,  will  show  the  arduous  duties  they  have 
performed;  and  the  report  of  Act.  Lt.   Piukhum,  the  successor  of 
Lieut.  Com't.  Montgomery,  will  show  the  result  of  his  arduous, 
useful,  and  disastrous  cruize.     There  is,  at  this  time,  on  the  Coast 
of  Cuba,  and  on  their  way  there,  the  ships  Hornet  and  Decoy,  the 
schooners  Shark,  Wild  Cat,  and  Terrier,  and  six  Barges  ;  and,  in  a 
short  time,  the  force  will  be  augmented  by  the  departure  of  others 
of  the  schooners,  large  and  small.     The  charge,  then,  or  intima- 
tion in  any  shape,  of  neglect,  on  the  part  of  myself  or  officers,  to 
the  interest  of  the  merchants,  who  have  no  feeling  but  for  their  own 
pecuniary  concerns,  is,  as  you  perceive,  unfounded.     It  is  true, 
that,  warned  by  the  dreadful  mortality  of  last  year,  and  by  approach- 
ing disease,  I  left  the  West  Indies,  and  ordered  home  the  greater 
part  of  the  force  under  my  command  ;  and  the  only  cause  of  regret 
to  me  now  is,  that  I  did  not  remove  them  earlier,  by  which  many 
valuable  lives  would  have  been  saved,  and  that  there  should  be  a 
necessity  for  their  return  at  this  unfavourable  season,  which  will 
undoubtedly  cause  the  death  of  more. 

I  beg  you  to  excuse  my  going  so  much  into  detail,  but  as  the  fre- 
quent applications  to  the  Department,  from  the  merchants  concern- 
ed in  the  Matanzas  trade,  for  protection,  might  induce  the  belief  of 
neglect  on  my  part,  I  have  felt  that  this  explanation  is  necessary. 

I  cannot  conceal  to  you,  however,  my  mortification  at  their  con- 
duct, after  the  devotion  we  have  all  shown  to  their  particular  inter- 
ests, which  entitled  us  to  their  warmest  gratitude. 

I  have  the  honour  to  be,  with  great  respect,  your  ob't  servant, 

D.  PORTER. 
How.  SAM-  L.  SOUTHARD,  Secretary  of  the  Navy. 


(Copy.)  WASHINGTON,  Oct.  Wth,  1825. 

SIR  :  I  have  the  honour  to  report  to  you,  the  arrival  here,  of  the 
U.  S.  Schooner  Fox,  Lieut.  Commandant  Ritchie,  from  the  coast 
of  Mexico,  via  Thompson's  Island,  and  that  she  brings  accounts  as 
late  as  the  25th  of  September. 

At  the  time  of  her  leaving  the  island,  no  information  had  been 
received  of  the  United  States  schooner  Wild  Cat,  under  the  tem- 
porary command  of  iVlidshipman  Booth,  who  left  Havana  on  the 
25th  August,  to  proceed  to  Thompson's  Island  :  there  can  be  no 
doubt,  therefore,  from  the  violent  gales  experienced,  of  the  loss  of 
this  vessel,  her  officers  and  crew. 

The  situation  of  the  island  was  truly  alarming  at  the  last 
date.  Four  deaths  had Jaken  place  the  day  previously,  and  one  on 
the  day  of  the  report :  the  whole  number  from  the  20th  to  the  25th, 
eight,  including  one  surgeon's  mate. 

Should  no  change  take  place  for  the  better,  it  only  remains  for 
the  officer  in  command,  to  remove  from  the  island  (which,  from 
the  confidence  I  have  in  his  discretion,  and  the  means  he  at  all 


225 

times  has  at  command,  in  the  wreckers  and  other  vessel?  which 
daily  touch  there,)  I  have  no  doubt  will  be  done,  whenever  he  may 
deem  it  necessary. 

I  flatter  myself  with  the  hope  of  making  the  island  more  healthy 
next  season,  by  the  improvements  at  present  proposed,  to  wit :  fil- 
ling up  the  ponds,  and  clearing  away  the  woods  ;  and  if  this  should 
.not  succeed,  the  abandonment  of  the  island  must  necessarily  follow. 

I  have  the  honour  to  be,  your  obedient  servant, 

D.  PORTER. 

Hon.  SECRETARY  of  the  Navy. 

(Copy.) 

WASHINGTON,  October  l6//t,  1824. 

SIR  :  I  have  the  honour  to  report,  in  conformity  with  your  orders 
of  the  December,  1823,  the  amount  of  moneys  carried  in  the 
vessels  under  my  command,  since  that  period. 

John  Adams,  Captain  Dallas,  $70,000 

from  Tampico  for  Philadelphia. 
Spark,  Lieut.  Comd't  Newton,  80.000 

from  Havana  for  New  York. 
Shark,  Lieut.  Comdt.  Stevens,  102,000 

from  Tampico  for  New  York. 
Weazel,  Lieut.  Comdt.  Zantzinger,  127,000 

from  Tampico  for  New  York. 
Fox,  Lieut.  Comdt.  Ritchie,  17,000 

from  Tampico  for  Havana. 
Do.  from  Do.  to  the  United  States,  3,000 


Total  amount,  $399,000 

The  average  amount  of  freight  for  carrying  which  is  11-4  percent. 
I  have  the  honour  to  be,  very  respectfully,  your  obed't  serv't, 
(Signed)  D.  PORTER. 

Hon.  SAMUEL  L.  SOUTHARD,  Secretary  of  the  Navy,  Washington. 

I  certify  the  above  to  be  a  true  copy  of  the  original. 

CHAS.  HAY,  Chief  Clerk. 
NAVY  DEPARTMENT,  10/A  May,  1825. 


Extract  of  a  letter  from  Commodore  David  Porter  to  the  Hon.  Secretary  oftht 

Navy,  dated 

WASHINGTON,  October  22d,  1824. 

"  I  have  received  your  letter  of  yesterday,  and  shall  proceed  to 
sea  in  the  John  Adams,  with  the  least  possible  delay.  The  ship 
will  be  at  Newcastle  by  the  time  I  reach  there.  I  enclose  order.* 
for  the  officer  who  may  take  out  the  Constellation." 


(Copy.) 

U.  S.  SHIP  JOHN  ADAMS,  Passage  Island,  Nov.  \5lh,  1824. 
SIR  :  1  have  the  honour  to  inform  you,  that,  on  my  arrival  at  St. 
Thomas's,  I  was   informed  that  Lieut.   Comdt.   Platt,  of  the  U.  S. 

29 


226 

schooner  Beagle,  who  bad  visited  Faxardo,  a  town  on  the  east  coast 
of  Porto  Rico,  about  two  miles  from  the  sea.  for  the  purpose  of 
making  enquiries  respecting  a  quantity  of  dry  good?,  supposed  to  have 
heen  deposited  there  by  pirates,  was,  after  being  recognized  as  an 
American  officer,  by  the  proper  authorities  there,  imprisoned  and 
shamefully  treated. 

Indignant  at  the  outrages  which  have  so  repeatedly  been  heaped 
on  us  by  the  authorities  of  Porto  Rico,  I  proceeded  to  this  place, 
where  I  left  the  ship,  and  taking  with  me  the  schooners  Grampus 
and  Beagle,  and  the  boat?  of  the  John  Adams,  with  Captain  Dallas 
and  part  of  his  officers,  seamen,  and  marines,  proceeded  to  the  port 
of  Faxardo,  where,  finding  preparations  were  making  to  fire  on  us 
from  the  battery  on  shore,  I  sent  a  party  of  seamen  and  marines  to 
spike  the  guns,  which  was  done  in  a  few  minutes,  as  the  Spaniards 
fled  on  the  landing  of  the  party.  -I  then  landed  with  two  hundred 
men,  and  marched  to  the  town,  spiking  on  the  way  the  guns  of  a 
small  battery,  placed  foi  the  defence  of  a  pass  on  the  road,  and 
reached  the  town  in  about  thirty  minutes  after  landing.  1  found 
them  prepared  for  defence,  as  they  had  received  information  from 
St.  Thomas  of  my  intentions  of  visiting  the  place.  I  halted  about 
pistol  shot  from  their  forces,  drawn  up  on  the  outskirts  of  the  town, 
and  sent  in  a  fl.-ig,  requiring  the  Alcalde  or  Governor,  with  the  Cap- 
tain of  the  Port,  the  principal  offenders,  to  come  to  me  to  make 
atonement  for  the  outrage — giving  them  one  hour  to  deliberate. 
They  appeared  accordingly,  and  after  begging  pardon,  (in  the  pre- 
sence of  all  the  officers,)  of  the  officer  who  had  been  insulted,  and 
expressing  great  penitence,  I  permitted  them  to  return  to  the  town, 
on  their  promising  to  respect  all  American  officers,  who  may  visit 
them  hereafter.  We  then  returned  to  the  vessels,  and  left  the  har- 
bour, after  being  at  anchor  three  hours. 

As  we  were  getting  under  way,  a  number  of  persons  appeared  on 
the  beach,  bearing  i  white  flag,  and  having  with  them  some  bullocks, 
and  a  number  of  horses,  apparently  laden — no  doubt  a  present  from 
the  authorities  of  the  place,  which  they  informed  me  they  should 
send  me. 

There  is  no  doubt  that  our  persons  and  our  flag  will  be  more  re- 
spected hereafter,  than  it  has  been  by  the  authorities  of  Porto  Rico. 

Every  officer  and  man,  on  this  occasion,  conducted  themselves  io 
a  manner  to  meet  mv  entire  approbation. 

I  have  the  honour  to  be,  &c.  (Signed)         D.  PORTER. 

Hon.  SAM'L  L.  SOUTHARD,  Secretary  oftkeJYavy. 

I  certify  that  the  above  is  a  true  copy  of  the  original  on  file  in  the 
Navy  Department.  CHAS.  HAY,  Chief  Clerk.  • 

12/Vt  May,  1825. 


WASHINGTON,  March  &th,  1825. 

SIR  :  The  officers  named  in  the  enclosed  list  will  be  necessary  as 
witnesses  to  enable  me  to  repel,  in  a  suitable  manner,  the  foul 


227 

charges  of  Mr.  Thomas  Randall,  and  Mr.  John  Mountain,  and  the 
injurious  insinuations  and  assertions  on  the  floor  of  Congress,  against 
myself  and  the  officers  under  my  command. 

Understanding  that  vessels,  having  some  of  them  on  board,  are 
about  sailing,  I  beg  that  they  may  he  detained,  provided  it  can  be 
done  without  injury  to  the  public  service. 

I  have  the  honour  to'be,  very  respectfully,  your  obed't  servant, 

(Signed)  D.  PORTE  U. 

Hon.  S.  L.  SOPTHARD. 

NAVV  DEPARTMENT,  llth  Mai/,  1325. 

I  certify  that  the  above  is  a  correct  copy  from  the  original  on 
file  in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

Captains. — Stephen  Cassin,  A.  J.  Dallas,  \Vm.  B.  Finch,  L. 
Kearney,  T.  H.  Stevens. 

Lieutenants. — C.  VV.  Skinner,  J.  T.  Newton,  F.  H.  Gregory, 
Silas  Duncan,  J.  P.  Zant/inger.  C.  H.  Bell,  C.  Boarman,  R.  Voor- 
hees,  C.  K.  Strihling,  D  G.  Farragut,  J.  G.  Boughan. 

Purser. — F.  A.  Thornton. 


General  Instructions. 

Having  been  appointed  to  the  command  of  the  squadron,  fitted 
out  under  an  act  of  Congress  of  the  20th  of  December  last,  to 
cruise  in  the  West  India  seas  and  the  Gulf  of  Mexico,  for  the  pur- 
pose of  suppressing  piracy,  and  affording  effectual  protection  to  the 
citizens  and  commerce  of  the  United  States  ;  and  to  the  command 
of  all  the  United  States'  ships  and  vessels  of  war  in  the  West  In- 
dies', fitted  out  for  the  aforesaid  objects,  and  for  the  suppression  of 
the  Slave  Trade,  it  becomes  my  duty,  (in  order  that  a  perfect  under- 
standing may  be  had  by  those  under  my  command,  of  the  extent  of 
the  authorities  to  be  exercised  by  them  in  case  of  separation,  or  in 
case  of  being  detached  on  special  service,)  to  point  out  briefly  to 
them  the  conduct  to  be  pursued  under  particular  circumstances, 
and  in  doing  so,  shall  confine  myself  to  existing  laws,  and  the  in- 
structions of  the  Honourable  Secretary  of  the  Navy  ;  and  it  is 
hoped  that  in  no  case  these  orders  will  be  exceeded,  without  my 
sanction  first  being  obtained. 

First,  then,  with  regard  to  piracy  :  On  this  subject  there  has 
been  three  several  acts — that  of  March  3d,  1819;  of  May  15th, 
1820:  and  that  of  the  20th  December  last,  authorizing  the  addi- 
tional force  of  schooners,  &c. 

The  second  section  of  the  act  of  March  31,  1819,  authorizes 
"  to  subdue,  seize,  take,  and  send  into  any  port  in  the  United 
States,  any  armed  vessel  or  boat,  or  any  vessel  or  boat,  the  crew 
whereof  shall  be  armed,  and  which  shall  have  attempted  or  commit- 
ted any  piratical  aggressions,  search,  restraint,  depredation,  orsei'/- 


228 

ure,  open  any  vessel  of  the  United  States,  or  the  citizens  thereof, 
or  upon  any  other  vessels." 

From  the  generality  of  this  latter  description  of  vessels,  it  would 
seem  to  embrace  those  of  every  nation  or  country  upon  which  any 
piratical  aggression  may  have  been  committed.  Admitting  the  act 
might  be  extendr-d  thus  far,  it  does  not  appear  to  be  the  general  ob- 
ject of  the  law,  and  it  was  thought  by  the  President  most  advisable 
at  one  time,  not  to  give  it  a  like  indiscriminate  practical  construc- 
tion, as  to  all  vessels  :  The  great  object,  as  pointed  out  in  the  first 
section  of  the  act,  was  to  protect  the  merchant  vessels  of  the  United 
States  from  piratical  aggressions.  This  will  therefore  be  consider- 
ed a  particular  and  special  duty  :  if,  however,  there  shall  be  discov- 
ered depredations  on  other  vessels,  committed  under  such  gross  and 
aggravated  circumstances,  as  to  leave  little  doubt  of  their  piratical 
character,  it  will  be  a  duty  then  to  capture  and  bring  in  the  aggres- 
sors. It  is  thought  most  advisable  thus  to  distinguish  in  these  in- 
structions, because,  among  other  considerations,  it  will  be  seen  that, 
under  the  second  section  of  the  act,  authority  is  only  given  to  re- 
take vessels  of  the  United  States,  or  its  citizens,  which  may  have* 
been  unlawfully  captured  on  the  high  seas  ;  no  positive  authority 
is  given  by  it  to  retake  the  vessels  of  any  foreign  nation  or  country. 
.  It  will  also  be  perceived  that,  under  this  section  (2d)  of  the  act,  au- 
thority is  only  given  to  "  subdue,  seize,  and  take"  such  vessels  or 
boats,  Sac.  as  shall  have  attempted,  or  committed,  some  piratical  ag- 
gression. 

Whatever  well  grounded  suspicions  may  be  entertained  that  a 
vessel  may  have  been  fitted  out,  and  is  intended  to.be  employed  in 
such  depredations,  the  act  does  not  authorize  her  molestation,  un- 
less there  is  satisfactory  evidence  that  she  has  either  attempted  or 
actually  committed  some  piratical  aggression  on  some  merchant  ves- 
sel of  the  United  States  or  her  crew,  or  upon  some  other  vessel 
under  the  special  circumstances  above-mentioned. 

This,  by  this  act,  must  be  considered  an  important  and  leading  reg- 
ulation, as  it  will  be  a  strong  and  almost  controlling  circumstance, 
(considering  we  are  at  peace  with  all  the  world.)  in  making  up  a  judg- 
ment whether  it  would  be  safe  and  justifiable  to  treat  them  as  pi- 
rates. Whenever,  therefore,  boats  or  vessels  shall  be  found,  the 
crews  whereof  have  committed  any  actual  violence,  outrage,  or 
depredation  upon  any  vessels  of  the  United  States,  or  citizens  there- 
of, or  any  other  vessel  as  above-mentioned.it  is  to  be  sufficient  to  au-  ' 
thorize  their  being"subdued,  seized,  and  taken, "and  unless  it  should 
satisfactorily  appear  that  they  were  acting  under  some  lawful  authority, 
and  not  piratica4ly,  they  are  to  be  sent  in  for  adjudication.  The  act 
of  May  15th,  1820,  continues  in  force  the  act  of  March  3d,  1819, 
and  makes  further  provision  for  punishing  the  crime  of  piracy. — 
The  3d  section  of  this  act  declares  as  pirates  any  person  who  shall, 
upon  the  high  seas,  or  in  any  open  roadstead,  or  in  any  haven,  ba- 
sin, or  bay.  or  in  any  river  where  the  sea  ebbs  and  flows,  commi! 
the  crime  of  robbery  in  or  upon  any  ship  or  vessel,  or  upon  any  of 


2'29 

the  ships  company  of  any  ship  or  vessel,  or  the  lading  thereof, 
such  person  shall  be  adjudged  to  be  a  pirate,  and  the  penalty  "death, 
on  conviction  before  the  Circuit  Court  of  the  United  States. 

The  4th  and  5th  sections  makes  it  piracy  for  any  citizen  of  (he 
United  States  to  be  engaged  in  the  Slave  trade,  and  the  penalty  on 
conviction  before  the  Circuit  Court  of  the  United  State?,  death. 
This  act  is  more  extended  than  the  former  in  its  definition  of  the 
act  of  piracy,  (but  in  no  part  except  in  continuing  in  force  the  for- 
mer law,)  authorizes  capture  by  the  armed  vessels  of  the  United 
States.  The  high  and  delicate  power,  therefore  vested  in  the  Pre- 
sident, by  the  act  of  March  3d,  1819,  which  authorizes  and  re- 
quests him  to  employ  so  many  of  the  public  armed  vessels,  as  in 
his  judgment  the  service  may  require,  with  suitable  instructions  to 
the  commanders  thereof,  in  protecting  the  merchant  vessels  of  the 
United  States  and  their  crews,  from  piratical  aggressions  and  de- 
predations, has  been  resorted  to  and  exercised  for  the  purpose  of 
more  clearly  defining  the  duties  to  be  performed.  The  trust  re- 
posed in  me,  is  one  of  a  peculiarly  delicate  character  ;  for  while 
it  is  made  my  duty  to  protect  our  commerce  against  all  unlawful 
interruptions,  and  to  guard  the  rights  both  of  person  and  property 
of  the  citizens  of  the  United  States,  whenever  it  shall  become  ne- 
cessary ;  it  is  enjoined  on  me  not  to  encroach  on  the  rights  of 
others,  and  whatever  discussion  or  collision  1  may  have  with  any 
foreign  power  in  relation  to  such  rights,  I  am  bound  to  conduct  it 
with  as  much  moderation  and  forbearance  as  is  consistent  with  the 
honour  of  my  country,  and  the  just  claims  of  its  citizens. 

The  system  of  pi  racy,  from  whatever  cause  it  may  have  originated^ 
is  of  considerable  extent ;  and  from  the  population  of  the  Spanish 
islands,  which  cannot  enforce  the  authority  of  the  government, 
establishments  have  been  made  by  parties  of  those  Banditti  in  the 
uninhabited  parts,  to  which  they  carry  their  plunder,  and  retreat 
in  time  of  danger.  It  cannot  be  presumed,  that  the  government  of 
any  Island  will  afford  any  protection  or  countenance  to  such  rob- 
bers. It  may,  on  the  contrary,  confidently  be  believed,  that  all  go- 
vernments, and  particularly  those  most  exposed,  will  afford  all 
means  in  their  power  for  their  suppression. 

Pirates  are  considered  by  the  laws  of  nation?,  the  enemies  of  the 
human  race.  It  is  the  duty  of  all  nations  10  put  them  down — and 
none  who  respect  their  own  character  or  interest  will  refuse  to  do 
it,  much  less  afford  them  an  asylum  and  protection. 

The  nation  that  makes  the  greatest  exertions  to  suppress  such 
banditti,  has  the  greatest  merit.  In  making  such  exertions  it  has  a 
right  to  the  aid  of  every  other  power  to  the  extent  of  its  means, 
and  to  the  enjoyment  und^r  its  sanction  of  all  its  rights  in  pursuit  of 
the  object.  In  the  case  of  belligerents,  when  the  army  of  one 
party  enters  the  territory  of  a  neutral  power,  the  army  of  the 
other  has  a  right  to  follow  it  there  ; — in  the  case  of  pirates,  the  right 
of  the  armed  force  of  one  power  to  follow  them  into  the  territory 
.•f  another  is  more  complete. 


230 

In  regard  to  pirates,  there  is  no  neutral  party — they  bem^  the 
enemies  of  the  human  race — all  nations  are  parties  against  them, 
and  may  be  considered  as  allies  The  object  and  intention  of  our 
government,  is  to  respect  the  feelings  as  well  as  the  right?  of  others, 
both  in  substance  and  in  form,  in  all  the  measures  which  may  be 
adopted  to  accomplish  the  end  in  view;  should,  therefore,  the  crews 
of  any  vessel  seen  engaged  in  acts  of  piracy,  or  which  there  is  just 
cause  to  suspect  of  being  of  that  character,  retreat  into  the  ports, 
harbours,  and  settled  parts  of  the  country  for  the  purpose  of  aiding 
the  local  authorities  or  people,  as  the  case  may  be,  to  seize  and 
bring  the  offenders  to  justice,  previous  notice  being  given  that  this 
is  the  sole  object.  When  a  government  exists  and  is  felt,  the  local 
authorities  must  in  all  instances  be  respected,  and  every  act  must 
be  in  aid  of,  and  in  co-operation  with  them  ;  it  being  the  exclusive 
purpose  of  the  government  of  tfiie  United  States  to  suppress  piracy, 
an  object  in  which  all  nations  are  equally  interested,  and  in  the  ac- 
complishment of  which,  the  Spanish  authorities  and  people  will, 
it  is  presumed,  cordially  co-operate  with  us. 

If  in  the  pursuit  of  pirates,  found  at  sea,  they  shall  retreat  into 
the  unsettled  parts  of  the  islands  or  foreign  territory,  liberty  is  given 
to  pursue  them,  so  long  only  as  there  is  reasonable  prospect  of  be- 
ing able  to  apprehend  thorn  ;  and  in  no  case  are  we  at  liberty  to 
pursue  and  apprehend  any  one  after  having  been  forbidden  so  to  do 
by  competent  authority  of  the  local  government  ;  and  if  on  such 
pursuit  any  pirates  should  be  apprehended  on  land,  they  are  to  be 
given  over  to  the  proper  authorities,  to  be  delt  with  according  to 
law  ;  and  all  the  evidence  that  c;m  be  furnished  is  to  be  given  in 
proof  of  the  oilence  alledged  against  them.  Should  the  local  au- 
thorities refuse  to  receive  and  prosecute  such  persons,  so  appre- 
hended, on  reasonable  evidence  being  furnished  them  of  their  guilt, 
they  are  then  to  be  kept  safely  and  securely  until  information  on 
the  subject  can  be  communicated  to  me. 

Great  complaints  have  been  made  to  the  government  of  the  in- 
terruption and  injury  to  our  commerce,  by  privateers  fitted  out  from 
Spanish  ports  ;  great  discretion  is  required  in  giving  to  our  ves- 
sels necessary  protection  against  their  aggressions,  without  infring- 
ing on  the  rights  of  the  belligerents.  We  know  not  how  far  they 
have  been  authorized  and  instructed  to  intercept  our  trade  with 
Mexico,  and  the  Colombian  Republic;  but,  according  to  the  well 
settled  rules  of  the  laws  of  nations,  the  United  States  will  not  con- 
sider any  portion  of  the  coast  upon  the  Gulf  of  Mexico,  as  legally 
blockaded,  except  where  a  naval  force  is  stationed,  sufficient  to  car- 
ry into  effect  the  blockading  order  or  decree,  and  our  government 
does  not  recognize  the  right  or  authority  *f  Spain  to  interdict  or  in- 
terrupt our  commerce  with  any  portion  of  the  coast  included  within 
the  Colombian  Republic  or  Mexican  Government,  not  actually 
blockaded  by  a  competent  force. 

Hence,  it  is  but  reasonable  to  infer,  that  to  arrest  our  vessels 
employed  in  lawful  trade,  from  the  fangs  of  the  numerous  priva- 


231 

teers  which  have  latdy  been  fitted  out  from  Porto  Rico,  and  t» 
"subdue,  seize,  take  and  send  into  any  port"  these  depredators 
on  our  commerce,  would  be  ris;!it  and  proper  ;  but  in  doing  this, 
great  discretion  and  prudence  must  be  exercised,  and  the  fact  must 
be  clearly  ascertained,  that  they  come  within  the  provisions  of  the 
second  section  of  the  act  of  March  3rd,  1819. 

By  recent  decisions  of  our  Courts  and  officers,  competent  to  de- 
cide, and  by  the  wording  of  the  5th  section  of  the  Act  of  March 
3rd,  1819,  it  would  appear  that  piracy  may  be  committed  by  ves- 
sels legally  authorized  to  cruise  and  engage  in  mercantile  pursuits, 
and  that  the  persons  alone  committing  the  act,  are  responsible  for 
the  same.  I  allude  particularly  to  the  Panchitta,  sent  in  by  the 
Grampus,  some  of  the  crew  of  which  were  imprisoned,  to  be  tried 
for  piracy,  and  the  vessel  liberated  by  decision  of  the  judge  ;  and 
to  the  Ninfa  Catalina,  sent  in  by  the  Spark  for  an  act  of  piracy  on  a 
former  voyage.  The  vessel  and  cargo,  immediately  on  her  arrival 
in  the  United  State?,  were  restored  to  the  owners — part  of  the  crew 
liberated,  and  those  who  committed  the  act  only  confined  for  trial. 
I  might  cite  other  cases  to  justify  the  opinion  I  entertain  as  to  the 
,  course  proper  to  be  pursued  to  effect  the  object  of  our  expedition, 
with  the  least  possible  injury  to  those  not  implicated  in  the  crime — 
but  these  will  suffice. 

In  the  first  case  cited,  the  decision  of  the  judge  justifies  the  con- 
duct of  the  capturing  officer,  and  in  the  other  case  the  law  would 
seem  equally  to  authorize  her  being  "  subdued,  seized,  taken,  &c. 
&c."  The  language  of  the  5th  section  of  the  law  above  cited,  is  as 
follows  :  "  And  be  it  further  enacted,  that  if  any  person  whatsoever 
shall,  on  the  high  seas,  commit  the  crime  of  piracy,  as  defined  by 
the  laws  of  nations,  and  such  offenders  shall  afterwards  be  found 
and  be  brought  into  the  United  States,  any  such  offender  or  offen- 
ders, shall,  on  conviction  thereof  before  the  Circuit  Court  of  the 
United  States,  for  the  district  into  which  he  or  they  may  be 
brought,  or  in  which  he  or  they  shall  be  found,  be  punished  with 
death." 

But  it  does  not  appear  to  me  to  be  necessary,  in  order  to  the  at- 
tainment of  justice,  that  the  innocent  should  suffer  for  the  guilty. 
If  the  ship  is  not  answerable  for  the  acts  of  the  crow,  there  can  be 
no  necessity  or  propriety  in  sending  in  the  ship  for  adjudication  ; 
because  by  so  doing,  injury  is  brought  on  the  owners,  the  innocent 
party,  and  to  us  they  look  for  indemnity,  who  have  no  other  appeal 
than  to  the  liberality  of  our  country. 

But  piracy  must  be  punished,  and  we  are  bound  by  the  2d  sec- 
tion of  the  Act  of  March  3d,  1819,  to  "subdue,  seize,  and  take" 
all  vessels  which  commit  it,  and  after  we  have  done  so.  and  it  is 
found  that  the  vessels  committing  the  act,  is  a  legally  authorized 
cruiser,  the  most  that  it  would  seem  proper  to  do  on  the  occasion, 
would  be,  to  take  from  on  board  her  the  persons,  committing  the 
act,  and  send  them  to  the  United  States  for  trial. 

For  the  same  principle  that  would  justify  their  cnpture  on  land. 


232 

will  apply  with  equal  propriety  to  their  seizure  on  board  ships  on 
the  ocean,  and  perhaps,  if  any  competent  authority  should  be  near 
at  hand,  it  would  be  equally  proper  to  deliver  them  up  to  it  with 
proofs  of  their  guilt,  on  a  pledge  that  they  shall  be  brought  to  trial; 
but  on  a  refusal  to  give  such  pledge,  they  must  be  reported  to  me 
with  as  little  delay  as  possible. 

The  next  subject  to  which  attention  is  to  be  directed,  is  the  sup- 
pression of  the  slave  trade,  and  it  is  expected  that  the  utmost  vigi- 
lance shall  be  exerted  in  order  that  this  inhuman  practice  may  be 
put  down.  By  the  act  of  the  20th  of  April,  1818,  it  is  made  unlaw- 
ful to  import,  or  bring  in  any  manner  whatsoever,  into  the  United 
States  or  the  territories  thereof  from  any  foreign  place  any  person 
of  colour,  with  intent  to  hold,  sell,  or  dispose  of  such  person  as  a 
slave,  or  to  be  held  to  service. 

By  this  act  it  is  also  made  unlawful  for  any  citizen  of  the  United 
States  or  other  person  to  build,  equip,  l6ad,  fit,  or  otherwise  prepare 
any  ship  or  vessel  in  any  port  or  place  within  the  jurisdiction  of  the 
United  States,  or  to  cause  any  ship  or  vessel  to  sail  from  any  port 
or  place  whatsoever  within  the  jurisdiction  of  the  United  States,  for 
the  purpose  of  procuring  and  transporting  any  such  slaves  to  any* 
port  or  place  whatever  ;  and  any  ship  or  vessel  employed  in  such 
importation  'of  slaves,  or  so  built  or  fitted  out  or  prepared,  is  liable 
to  be  seized  and  forfeited. 

And  by  act  the  3rd,  of  March  1819,  the  President  is  authorized 
to  employ  any  of  the  armed  vessels  of  the  United  States  to  cruize 
in  such  places  as  he  may  think  proper,  where  he  may  judge  attempts 
may  be  made  to  carry  on  the  slave  trade  by  citizens  of  the  United 
States,  or  residents  thereof,  in  contravention  of  the  acts  of  Congress 
prohibiting  the  same ;  and  to  instruct  such  smned  vessels  to  seize, 
take,  and  bring  into  any  port  of  the  United  States,  to  he  proceeded 
ugainst  according  to  law,  all  ships  or  vessels  of  the  United  States 
whatsoever  found,  or  which  may  be  intended  for  the  purpose  of  ta- 
king on  board  or  of  transporting,  or  may  have  transported  any  per- 
son of  colour  in  violation  of  any  provisions  of  the  act  of  the  20lh 
of  April,  1818,  above  referred  to,  or  in  violation  of  any  other  act  or 
-acts  prohibiting  the  traffic  in  slaves.  From  the  generality  of  the 
provisions  of  the  slave  acts,  authority  is  given  to  take  and  bring  into 
port  all  vessels  of  the  United  states  which  may  have  been  in  any 
manner  employed  or  intended  to  be  employed  in  the  slave  trade,  or 
any  other  vessel  which  may  be  employed  in  the  importation  of  slaves 
into  the  United  States. 

It  will  be  observed  that  the  first  provision  applies  only  to  vessels 
of  the  United  States,  the  second  applies  to  vessels  of  every  nation. 
The  rest  of  the  laws  go  to  explain  the  manner  of  disposing  of  the 
slaves  and  persons  taken  in  the  trade,  prescribe  the  punishment  to 
the  offenders,  and  the  bounty  to  the  captors. 

It  will  be  sufficient  therefore  that  the  capture  should  be  made  un- 
der the  foregoing  circumstances,  and  that  reference  should  be  had 
to  me  for  instructions  as  to  the  disposal  of  the  vessels,  slaves,  and 
offenders,  and  to  the  laws  for  a  final  decision. 


233 

There  is  one  thing  that  must  be  particularly  observed  ;  it  is  not 
to  be  considered  in  these  general  instructions  for  the  suppression  of 
the  slave  trade,  that  authority  is  given  at  any  place  out  of  the  waters 
of  the  United  States  to  search,  capture,  or  in  any  manner  whatever 
to  interrupt  vessels  under  any  other  than  the  American  Flag. 

As  regards  the  recapture  of  vessels  which  may  be  found  in  the 
hands  of  pirates,  and  not  belonging  to  the  United  States  ;  although, 
there  are  no  laws  which  authorize  our  rescuing  them  from  the  fangs 
of  those  monsters;  and,  although  the  President  has  given  no  positive 
instuctions  on  this  head  ;  still,  as  humanity  obviously  calls  on  us  to 
exercise  the  power,  having  the  means  in  our  hands,  as  ft  is  a  duty 
implied  by  instructions  subsequently  given  me,  by  the  measures  ad- 
apted for  the  suppression  of  piracy,  and  as  it  is  enjoined  on  me  by 
the  Government  to  harmonize  and  co-operate  with  the  forces  of  any 
other  power  engaged  in  the  same  pursuit  with  ourselves,  thereby 
shewing  a  common  interest,  I  will  take  on  myself  to  supply  the 
omission,  (as  it  certainly  is  one)  by  authorizing  the  act  whenever 
it  may  become  necessary. 

All  vessels  therefore  of  any  nation  whatever,  found  in  the  posses- 
sion of  pirates,  may  be  taken  from  them  as  though  they  belonged  to 
the  United  States,  and  as  though  their  recapture  was  provided  for 
by  the  laws  for  the  suppression  of  piracy,  and  by  the  most  positive 
instructions  of  the  Government. 

These  instructions,  although  swelled  to  an  unusual  length,  are  ren- 
dered as  concise  as  the  subject  would  admit  of  to  enable  me  to  in- 
form you  fully  as  to  the  views  of  the  Government. 

We  have  a  very  delicate  duty  to  perform,  and  with  full  confidence 
in  the  discretion  of  those  I  have  the  honour  to  command,  I  hope  it 
may  be  fulfilled  to  the  entire  satisfaction  of  our  country,  to  our  own 
honour,  and  to  the  honour  and  general  interest  of  the  Navy. 

In  time  of  actual  warfare  between  nations,  there  can  be  no  difficulty 
in  discriminating  between  right  and  wrong,  but  the  service  on  which 
we  are  engaged,  requires  the  exercise  of  our  soundest  judgment ; 
and  in  proportion  to  the  difficulty  of  discriminating  will  be  the  merit 
of  doing  what  is  proper. 

The  eyes  of  the  world  are  on  us,  and  while  we  must  not  fail  in 
energy,  we  must  not  want  in  circumspection. 

(Signed,)  D.  PORTER. 

U.  S.  SHIP  PEACOCK,  February  26/A,  1823. 


(Circular.) 

I  am  directed  by  the  honourable  Secretary  of  the  Navy,  to  assure 
the  officers  and  men  of  the  squadron  1  have  the  honour  to  command, 
of  the  consideration  in  which  tReir  services,  on  their  recent  expedi- 
tion against  the  pirates  of  the  West  Indies  are  held,  and  the  high 
sense  entertained  of  their  devotion  to  a  most  arduous  and  dangerous 
service,  wherein  a  vigour  has  been  displayed,  which  has  effectually 
arrested  the  depredations  of  the  freebooters,  afforded  security  t« 
30 


234 

our  trade,  and  justly  entitles  them  to  the  unqualified  approbation  of 
the  Navy  Department,  and  the  thanks  of  their  country. 

(Signed,)  D.  PORTER. 

WASHINGTON,  October  29th,  1823. 


General  Orders  and  Instructions  jrom  Com.  Porter  to  the 
Squadron  under  his  Command. 

General  Order. 

The  duties  of  Captain  to  the  squadron,  are  hereafter  lo  be  per- 
formed by  Master  Commandant  Finch,  who  will  execute  all  the  du- 
tie?  comprised  in  the  "  Regulations  and  instructions  for  commanders 
of  squadrons  or  divisions  of  ships  of  the  United  States  Navy,"  page 
19  of  the  rules,  regulations,  and  instructions,  for  the  Naval  service  of 
the  United  States,  prepared  by  the  board  of  Navy  Commissioners 
of  the  United  States,  with  the  consent  of  the  Secretary  of  the  Navy, 
in  obedience  to  an  act  of  Congress,  passed  7th  February,  1815,  en- 
titled An  act  to  alter  and  an, end  the  several  acts  for  establishing  a 
Navy  Department,  by  adding  thereto  a  Board  of  Commissioners. 

A  general  order  book  is  to  be  kept  by  the  Captain  to  the  squad- 
ron, into  which  all  orders  of  a  general  character  are  to  be  copied, 
and  from  which  copies  may  be  obtained  by  every  officer  under  my 
command. 

(Signed,)  D.  PORTER. 

WASHINGTON  CITY,  November  3rrf,  1823. 

General  Order. 

The  Hornet,  Grampus,  Spark,  and  Shark,  now  at  Norfolk,  are  to 
be  got  ready  for  sea,  with  all  possible  despatch,  and  are  to  rendez- 
vous in  the  [vicinity]  of  Craney  Island,  where  I  shall  join  them  soon 
with  the  rest  of  the  vessels  of  the  West  India  squadron  in  the  United 
States.  It  is  hoped  that  all  will  be  ready  to  sail  on  the  15th  of  this 
month.  (Signed,)  D.  PORTER. 

WASHINGTON  CITY,  December  1st,  1823. 

Circular  to  Commanders  of  vessels  in  the  West  Indies  and  Gulf  of  Mexico. 
U.  S.  SHIP  JOHN  ADAMS,  Craney  Island,  Dec.  30lh,  1823. 
SIR  :  No  ship  or  vessel,  under  my  command,  is  allowed  by  me  to 
take  on  freight  any  treasure,  of  any  description,  without  special  in- 
structions from  me  ;  which,  when   necessary  and  proper,  will  be 
issued  in  conformity  with  those  I   have  received  on  the  subject, 
from  the  Honourable  Secretary  of  the  Navy. 
Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

General  Order. 

All  the  small  schooners,  now  at  Matanzas  and  Havana,  and 
cruising  on  the  coast  of  Cuba,  are  to  repair  to  this  place,  with  all 
possible  despatch.  (Signed)  D.  PORTER. 

THOMPSON'S  ISLA>J>,  .<?prtH2//(,  182*. 


235 

Circular  to  Commanders. 

The  Secretary  of  the  Navy  has  been  instructed  by  the  Presiden1 
to  inform  me,  that  it  is  his  wish,  that  I  should  not  attempt  to  break 
any  blockade,  sustained  by  force ;  but,  when  1  am  prevented  from 
entering  a  blockaded  place,  to  immediately  make  report  thereof, 
with  the  circumstances  attending  it,  to  the  Navy  Department.  He 
lias  also  been  instructed  to  urge  upon  me  the  cultivation  of  the  best 
personal  and  national  feelings  in  my  intercourse  with  all  the  officers 
of  other  nations,  with  whom  I  may  meet,  and  to  enjoin  the  same 
upon  those  under  my  command. 

With,  these  wishes  and  injunctions,  you  will  please  to  comply, 
making,  if  necessary,  reports  to  me,  for  the  information  of  the  Se- 
cretary of  the  Navy. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

WASHINGTON,  July,  15/A,  1824. 

WASHINGTON,  August  16/A,  1824. 
(Circular.) 

SIR  :  Application  has  frequently  been  made  to  the  Navy  Depart- 
ment, by  individuals,  to  give  convoy  to  belligerent  ports  ;  and,  on 
considering  the  subject,  it  has  been  deemed  advisable,  not  to  confine 
our  protection  to  particular  cases,  on  the  applications  of  individu- 
als, but  to  make  it  of  a  general  principle,  and  given  to  all  alike. 
This  is  necessary,  to  guard  against  any  infringement  of  the  rights 
of  belligerents,  as  regards  blockades,  and  contraband  of  war  ;  the 
first  of  which  is  in  no  case  to  be  violated,  and  the  second  is  never 
to  be  protected.  Upon  these  principles,  our  public  ships  should 
never  give  convoy  to  our  merchant  vessels  to  the  ports  of  either  of 
the  belligerents,  without  a  perfect  knowledge  that  they  had  no  con- 
traband articles  on  board,  nor  are  they  ever  to  be  protected  against 
a  blockading  force,  when  warned  off. 

5fou  will,  therefore,  take  under  your  protection  such  vessels  as 
may  offer  for  convgy  on  your  route,  governing  yourself  by  the  fore- 
going general  principles,  and  the  orders  and  instructions  hereto- 
fore given. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

To  the  Commanders  of  tke  Squadron. 


Extract  from  a  General  Order,  dated 

NORFOLK,  November  8/A,  1823. 

All  the  ships  and  vessels  of  the  squadron,  under  my  command, 
now  at  Norfolk,  are  to  be  removed  to  Washington,  with  all  possible 
despatch,  where  their  repairs,  equipments,  and  supplies,  are  to  be 
completed,  with  as  little  loss  of  time  as  possible. 

(Signed)  D.  PORTER, 

NORFOLK,  &th  JYoi-ember,  1823. 


236 

Special  Instructions  to  different  Officers,  and  their 
Reports. 


U.  S.  SHIP  PEACOCK,  Thompson's  Island,  April  5,  1823. 

Sm  :  You  will  proceed  with  the  schooners  the  Fox  and  the  Jack- 
all,  and  the  two  cutters  Gallinipper  and  Mosquito,  to  examine  the 
coast  of  Cuba,  from  Havana  down  to  Cape  Antonio,  in  the  neigh- 
bourhood of  which  place  1  expect  soon  to  join  you. 

You  will  please  to  govern  yourself  by  my  general  instructions, 
as  to  the  course  to  be  pursued  in  the  pursuit  of  pirates. 

Wishing  you  a  pleasant  and  successful  cruise,  I  am,  with  sincere 
respect,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Captain  STEPHEN  CASSIN. 

Captain  Cassin  to  Commodore  Porter. 
U.  S.  SCHOONER  Fox,  Off  the  Havana,  April  9/A,  1823. 

SIR  :  Agreeable  to  your  orders  of  the  5lh  inst.  1  proceeded  with 
the  schooners  Fox  andJackall,  and  the  barges  Gallinipper  and  Mus- 
quito,  off  this  harbour,  and  despatched  Lieut.  Comdt.  Stephens,  in 
his  small  boat,  into  the  port.  On  his  approaching  the  Moro,  he 
was  ordered  by  the  guard  to  return,  as  his  boat  would  not  be  per- 
mitted to  enter,  but  that  his  schooner  might.  As  it  was  important 
that  we  should  communicate  with  the  Consul,  I  ordered  the  Jackall 
into  the  harbour  for  that  purpose.  She  was  suffered  to  pass  ;  and 
returning,  brought  an  urgent  request  from  Mr.  Warner,  and  the 
entreaty  of  numerous  merchants  and  ship  masters,  to  afford  convoy 
to  eight  or  ten  American  vessels,  then  ready  to  sail,  they  having 
been  waiting  a  convoy  a  considerable  time  : — such  was  the  alarm 
created  by  piratical  depredations,  many  atrocious  acts  having  been 
committed  in  the  very  mouth  of  the  harbour,  and  one  only  the 
evening  before  our  arrival,  by  the  noted  schooner  Pilot.  Captain 
Stephens  also  informed  me,  that  this  pirate  was*  then  supposed  to 
be  in  Escondido,  or  hidden  harbour.  Under  these  circumstances, 
I  thought  myself  justifiable  in  giving  convoy,  and  senl  Captain  Ste- 
vens in  to  make  known  to  vessels  of  all  nations  that  I  would  afford 
them  protection  as  far  as  the  Gulf,  and  proceed  with  them  at  day- 
light on  the  7th. 

On  a  belief  of  finding  the  pirates.  I  despatched  Lieut.  Stribling  in 
the  Gallinipper,  accompanied  by  the  Musquito,  Lieut.  Kelly,  of  the 
Fox,  at  7  o'clock  in  the  evening,  to  Escondido.  On  the  morning 
of  the  8th,  1  fell  in  with  the  Wild  Cat  and  Beagle,  who  had  been 
run  off  their  cruising  ground  in  chase  of  the  pirates,  but  lost  sight 
of  (hem  during  the  night.  As  it  would  not  be  detaining  those  ves- 
sels more  than  a  few  hours,  I  determined  to  keep  them  with  the 
convoy  until  well  off  from  the  land,  and  run  in  myself  with  the 
•Jackall  and  pick  up  the  barges.  At  6  o'clock  on  the  8th,  I  received 


237 

a  large  fleet  of  vessels,  of  several  nations,  who  claimed  our  protec- 
tion, and  proceeded  with  them  to  windward.  At  3  o'clock,  in  the 
afternoon,  discovered  the  barges  returning,  with  a  stranger  in  com- 
pany, which  proved  (very  much  to  my  satisfaction)  to  be  the  noted 
schooner  Pilot,  which  was  taken  by  our  barges,  after  a  long  running 
fight ;  for  the  particulars  of  which,  I  refer  yon  to  the  report  of  Lieut. 
Stribling. 

1  directed  the  Wild  Cat  and  Beagle  to  continue  with  the  convoy 
until  morning  ;  the  Wild  Cat  then  to  return  to  her  station  and  Bea- 
gle to  return  to  Matanzap,  for  your  despatches,  and  proceed  with 
them  to  Thompson's  Island.  I  called  in  the  Jackall  and  barges, 
and  with  the  prize  stood  in  for  the  Moro. 

As  the  Pilot  will  be  of  considerable  importance  to  the  expedition, 
I  shall  keep  her  with  me,  and  have  made  the  necessary  arrange- 
ments, and  this  evening  will  proceed  from  this  on  my  cruise. 

As  I  believed  it  would  have  a  good  effect,  I  sent  the  prize  into 
Havana,  to  shew  her,  and  to  get  a  little  water. 

1  am,  very  respectfully,  vour  obedient  servant, 

S.  CASSIN. 

Com.  D.  PORTER. 


U.  S.  SHIP  PEACOCK,  dlleriton,  ,fyri7lO,  1823. 

SIR  :  I  have  determined  to  change  my  plan,  and  go  to  windward 
with  the  Sea  Gull  anff barges  ;  you  need  not,  therefore,  be  govern- 
ed by  my  movements.  I  should  wish  for  you,  if  your  provisions 
will  last,  to  go  as  far  as  Trinidada,  on  the  south  side  of  Cuba,  where 
some  piracies  have  been  committed. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Capt.  S.  CASSII*,  U.  S,  ./Van/. 


Captain  Cassin  to  Commodore  Porter. 
U.  S.  SHIP  PEACOCK,  Tliomp&on't  Island,  April  28, 1823. 

SIR  :  I  had  the  pleasure  to  inform  you,  by  a  sloop  from  the  Ha- 
vana, bound  to  this  place,  on  the  10th  instant,  of  the  successful  be- 
ginning of  my  cruise,  by  the  capture  of  the  piratical  schooner  Pi- 
lot. After  having  shewn  the  Pilot  in  Havana,  and  obtained  a  small 
quantity  of  water,  I  proceeded  with  the  division  to  Cayo  Blanco. 
We  entered  within  the  reef,  and  proceeded  westward,  making  an 
average  of  about  twenty  miles  per  day,  leaving  no  bay,  inlet,  or  sus- 
picious place,  unexplored.  On  the  16th,  a  sloop  boat  was  observed 
standing  to  the  eastward.  The  Musquito  was  ordered  in  chase  ;  the 
sloop  directly  altered  her  course  for  the  land,  was  run  on  shore,  and 
abandoned  by  her  crew,  who  escaped  into  the  bushes.  She  was  found 
to  have  arms  of  different  descriptions,  shot,  and  other  articles  of  a 
«u«picious  nature,  which  satisfied  me  of  her  piratical  character; 


238 

and  I  took  possession,  with  an  intention  to  destroy  her,  as  she  waj; 
rotten,  and  an  encumbrance  to  us. 

At  10,  A.  M.  on  the  same  day,  we  anchored  in  a  noted  harbour 
for  pirates,  intending  to  examine  it  thoroughly.  Our  anchor  was 
scarcely  gone,  before  a  felucca  was  discovered  standing  out  for  the 
Galllnipper,  who  was  ahead,  sounding.  On  opening  our  vessels, 
she  immediately  hauled  down  her  sails,  and  pulled  around  the  point 
of  an  Island.  The  barges  were  ordered  in  chase,  accompanied  by 
all  the  boats  we  could  muster.  On  their  getting  to  where  the  fe- 
lucca had  disappeared,  several  houses  were  discovered,  and  a  num- 
ber of  men  busily  employed  carrying  things  from  them,  and,  at  the 
moment,  were  supposed  to  be  fishermen.  It  ivas  some  time  before 
the  felucca  was  discovered,  and,  when  found,  was  dismantled  and 
covered  with  bushes,  hastily  thrown  over. 

When  the  pirates,  (which  they  proved  to  be)  found  she  wa?  dis- 
covered, they  fired  a  volley  of  musketry  at  our  boats,  which  fortu- 
,  nately  proved  harmless.  The  officers  and  crews  immediately  land- 
ed, and  pursued  them  through  the  bushes,  when  a  running  fight  of 
more  than  half  a  mile  took  place,  the  pirates  frequently  turning,  for 
a  moment,  and  firing,  which  was  returned  occasionally,  but  without 
effect,  from  the  eagerness  with  which  they  were  pursued.  So 
closely  were  they  pressed,  that  the}7  threw  off  shoes,  clothes,  and 
other  incumbrances  ;  but,  from  the  thickness  of  the  bushes,  and 
knowledge  of  their  path,  all  made  their  escape.  Their  establish- 
ment, which  consisted  of  five  houses,  was  seHln*  fire,  and  the  feluc- 
ca brought  off.  She  is  a  fine  boat,  coppered,  pulls  sixteen  sweeps, 
and  is,  in  every  respect,  equal  to  any  of  our  barges.  She  appears 
to  have  been  recently  fitted,  and,  1  presume,  was  on  the  eve  of 
making  her  first  cruise.  The  old  boat,  which  was  taken  in  the 
morning,  I  gave  to  a  fisherman,  who  was  serviceable  to  us  as  a 
pilot,  she  being  an  incumbrance. 

On  the  17th,  we  proceeded,  examining  all  places  very  minutely  ; 
and,  from  the  intricacy  of  the  navigation,  did  not  arrive  at  Cape  St. 
Anthony  until  the  21s»t.  From  the  moment  we  passed  within  the 
reef,  until  getting  to  the  Cape,  we  were  obliged  to  keep  the  bar- 
ges ahead,  sounding.  The  vessels  were  all  trimmed  by  the  head, 
and  every  precaution  taken,  yet  we  frequently  grounded.  Many 
places,  for  several  miles,  we  found  only  seven  feet  water,  and  fre- 
quently less  than  six,  when  we  were  obliged  to  run  out  anchors, 
and  heave  through  the  mud.  I  learnt  on  the  passage,  from  the 
fishermen,  that  the  English  attempted  the  same,  but  succeeded  only 
part  of  the  way.  I  also  found  the  British  sloop  Scout  cruising  off 
the  Cape,  from  the  commander  of  which  we  learnt  they  had  num- 
bers cruising  in  that  quarter,  and  on  the  south  side. 

The  passage  within  the  Colorados,  from  beginning  to  end,  1  found 
extremely  intricate  ;  but  I  am  much  gratified  by  knowing  we  are 
the  first  who  accomplished  it.  We  suffered  much  for  water,  and 
the  small  quantity  we  were  enabled  to  obtain,  was  such  as  I  appre- 
hended would  create  disease  amongst  us.  And,  for  the  successful 


239 

termination  of  the  cruise,  I  tender  to  Lieuts.  Cornell.  Stevens  and. 
Valletta,  Lieut.  Stribling,  and  their  officers,  my  sincere  thanks. 
1  have  the  honour  to  be,  very  respectfully.  &c. 

S.  CASSIX. 
Com.  DAVID  PORTER,  Ctmni'g  U.  S.  Naval  Forces  in  the  W.  Indies. 


U.  S.  GALLIOT  SKA  COLL,  Alltnlon,  May  7,  1823. 

SIR  :  You  will  proceed  with  the  United  States  ship  Peacock  to 
Havana,  and  there  complete  your  provisions  for  three  months. 

You  will  then  proceed  to  La  Vera  Cruz,  for  the  protection  of* 
our  commerce  in  that  quarter  and  about  Tampico,  where  you  will 
take  on  board  specie  or»  the  usual  freight  to  be  transported  to  the 
United  States  ;  and  when  you  have  completed  your  cargo,  or  got, 
all  you  can,  you  will  leave  there,  touching  at  this  place  for  further 
orders. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTEK. 

Captain  S.  CASSIN. 


SEA  GULL,  May  11, 1823. 

SIR  :  On  your  arrival  at  La  Vera  Crux,  you  will  please  to  cor- 
respond with  Mr.  John  Mason,  who  is  now  iti  Mexico,  on  the  sub- 
ject of  the  transportation  of  specie,  and  act  understandingly  \vitb. 
him ;  mooring  between.  La  Vera  Cruz  and  Tampico,  as  circum- 
stances may  make  necessary,  and  touching  at  such  by  ports  as  you 
may  think  proper,  in  order  to  facilitate  the  taking  on  board  money. 

Wishing  you  a  pleasant  and  profitable  cruise,  I  am,  with  respect 
and  esteem,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Capt.  S.  CASSIN. 

SEA  GULL,  Port  Rodgers,  August  20,  1823. 

SIR  :  I  shall  leave  this  place  to-morrow  morning,  to  look  at  a 
doubtful  establishment  on  the  continent,  and  shall  be  absent  about  a 
week,  and  leave  you  in  charge  of  the  establishment  here. 

I  will  thank  you  to  give  every  aid  and  facility  in  the  finishing  the 
boat  shed,  and  completing  the  repairs  and  equipments  of  the  barges. 

I  have  left  all  the  carpenters  that  could  be  mustered.  If  you 
have  any  that  can  be  spared  from  your  ship,  or  any  tools,  such  as 
are  wanting,  I  will  thank  you  to  supply  them,  as  I  am  very  anxious 
to  have  the  boats  ready  by  the  return  of  the  Fox  from  the  coast  of 
Yucatan.  Should  the  John  Adams  arrive,  you  will  call  on  her  com- 
mander to  furnish  all  the  aid  in  hi«  power  in  effecting  these  objects. 

All  United  States'  vessels  which  may  arrive  during  my  absence. 
are  to  await  my  return. 

Very  respectfully,  your  obedient  servant. 

(Signed)  D.  PORTER. 

Gapt.  S.  CASSIN. 


240 

PORT  RODOERB,  Tlimnpsoii's  hlwid,  September  l%th,  1828. 

SIR  :  You  will  proceed  with  the  United  Slates  ship  Peacock,  un- 
der your  command,  to  cruise  in  the  Gulf  of  Mexico,  for  the  pro- 
tection of  our  commerce  and  the  transportation  of  specie.  You 
will  be  governed  in  these  respects  by  your  former  instructions. — 
You  will  touch  at  Cuba  for  such  supplies  as  cannot  be  procured 
here  ;  and  on  your  way  down  you  will  examine  the  Coast  from 
Cape  Cartouch  to  Campeachy. 

You  will  limit  your  stay  between  La  Vera  Crux,  and  Taropico  to 
six  weeks,  and  on  your  return  to  this  place,  not  finding  me  here; 
you  will  proceed  to  Norfolk,  reporting  your  arrival  to  me  at  Wash- 
ington. Very  respectfully,  your  obedient  servant, 

D.  PORTER. 
Capt.  STEPHEN  CASSIN,  U.  S.  Skip  Peacock. 


PORT  RODGERS,  Thompson's  Island,  September  13th,  1823. 

SIR  :  Instead  of  acting  agreeable  to  my  instructions  of  yesterday, 
you  will  proceed,  accompanied  by  the  John  Adams,  to  Hampton 
Roads,  as  the  rapid  progress  of  the  malignant  fever  in  the  squad- 
ron, for  which  we  have  not  sufficient  medical  aid,  requires  that  the 
ships  should  proceed  where  it  can  be  obtained. 

On  your  passage,  keep  company  for  mutual  assistance. 

Very  respectfully,  your  obedient  servant, 

D.  PORTER. 
Capt.  STEPHEN  CASSIS,  U.  S.  Ship  Peacock. 


UNITED  STATES'  SHIP  JOHN  ADAMS,  Norfolk,  January  28/A,   1824. 

SIR  :  You  will  proceed  with  the  United  States'  ship  Hornet  un- 
der your  command,  to  the  coast  of  Africa,  continuing  along  the 
course  in  the  usual  track  of  Slave  trading  vessels,  in  pursuance  of 
the  general  cruizing  instructions,  and  the  acts  of  Congress  for  the 
suppression  of  the  Slave  trade  and  capture  of  piratical  vessels  ; — 
copies  of  the  laws  relative  thereto  you  have  enclosed 

While  on  the  coast,  you  will  touch  at  the  American  settlement  of 
free  coloured  people  ; — communicate  with  the  agent  of  the  Ameri- 
can Colonization  Society — ascertain  the  state  and  condition  of  the 
colony,  giving  it  such  aid,  assistance,  and  protection,  as  it  may  stand 
in  need  of,  and  be  in  your  power  to  furnish. 

From  thence  you  will  proceed  towards  the  coast  of  Guinea,  and 
thence  in  the  route  usually  traversed  by  vessels  with  slaves,  which 
is  mostly  north  of  the  Artelles  and  the  Keys  to  Cuba. 

You  will,  in  your  route,  touch  occasionally  at  some  of  the  islands 
of  the  West  Indies,  to  obtain  news  of  piratiral  vessels  You  will 
proceed  to  Matanzas — fill  your  water  and  repair  to  Thompson's 
Island,  where  you  will  receive  my  further  orders. 

Wishing  you  a  pleasant  and  successful  cruize — I  am,  with  great 
respect,  your  obedient  servant, 

(Signed)  P.  PORTER. 

Capt.  S.  CASSIN,  U.  S.  ship  Hornet. 


241 

SEA  GULL,  ALLENTON,  June  iS/ft,  1Q23. 

SIR  :  Having  heard  by  the  Jackall  of  the  arrival  of  the  Hornet 
at  Havana,  I  have  to  require  you  to  proceed  to  this  place  with  as 
little  loss  of  time  as  possible,  as  the  services  of  your  ship  are  much 
wanted  here. 

It  is  greatly  to  be  regretted  that  you  made  any  stay  at  Havana 
at  this  season,  and  I  shall  deem  it  particularly  fortunate  if  your 
crew  escape  the  malignant  fever  which  has  alrejidy  been  brought 
over  to  us  in  the  store  ship,  and  by  which  two  persons  who  con- 
tracted it  in  Havana  have  died  on  the  Island. 

You  will  be  careful  in  keeping  your  ship  well  ventilated  and 
fumigated,  not  to  allow  water  to  be  let  into  the  hold,  or  your  men  to 
be  unnecessarily  exposed  ;  and  should  disease  appear,  hasten  to  se- 
parate those  affected  from  the  well  part  of  the  crew. 

I  shall  feel  much  anxiety  until  the  period  arrives  when  all  ap- 
prehensions should  cease,  and  hope  no  efforts  will  be  wanting  to 
get  as  eaily  as  possible  beyond  the  baneful  influence  of  the  climate 
of  the  port. 

With  great  respect,  your  obedient  servant, 

(Signed)  D.  PORTER, 

Commanding  U.  S.  Naval  forces  in  the  West  Indies  and  Gulf  of  Mexico. 
C?apt.  S.  SMITH,  ship  Hornet. 

UNITED  STATES'  SHIP  JOHN  ADAMS,  Thompson's  Island,  Dec.  15th,  1824. 

8m  :  You  will  please  send  me  a  report  of  your  proceedings, 
from  the  time  of  your  executing  the  orders  of  the  Navy  Depart- 
ment, up  to.  the  time  you  receive  this,  with  a  statement  of  the  ac- 
tual employment  of  the  vessels  on  the  station. 

If  the  marines  which  were  ordered  to  come  out  in  the  vessel 
with  coal  have  arrived  at  Matanzas,  you  will  send  them  over  in  the 
Terrier,  whose  commander  has  been  ordered  by  me  to  return, 
after  touching  at  Havana. 

I  have  directed  the  commander  of  the  Porpoise  to  repair  here 
with  his  vessel ; — you  will  continue  on  the  service  you  are  now 
engaged,  with  the  remainder  of  the  forces,  until  you  receive  fur- 
ther instructions. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Capt.  KENNEDY. 


SEA  GULL,  Port  Rodgers,  JulySlsl,  1823. 

SIR  :  You  will  proceed  to  Havana  with  the  United  States  ship 
Hornet  under  your  command,  and  there  obtain  a  supply  of  provi- 
sions  and  water. 

You  will  be  careful  of  the  health  of  your  officers  and  men,  suf- 
fering as  little  exposure  to  the  weather,  and  communication  w/'th 
the  shore,  as  possible,  hiring  boats  and  crews  to  bring  off  your 
provisions  and  water,  and  laying  at  Havana  not  one  hour  linger 
than  is  necessary  to  complete  the  object  of  your  visit  there. 
31 


.. 


242 

If  you  should  find  there,  or  in  that  neighbourhood,  the  schooner 
Vox,  Lieutenant  commandant  Ritchie,  you  will  take  her  under 
your  command,  and  proceed  with  her  in  company,  to  a  piratical 
establishment,  said  to  exist  at  a  place  called  New  Malaga,  near  Cape 
Cartooche  ;  and  ascertain,  as  near  as  possible,  its  state  and  the 
force  necessary  to  subdue  it,  which  information  you  will  commu- 
cate  to  me  by  the  Fox,  to  be  despatched  with  it  to  this  place.  It 
is  said  that  a  British  expedition  has  gone  against  it. 

You  will  endeavour  to  ascertain  how  far  they  have  made  efforts 
to  put  it  down,  and  their  success. 

You  will  from  thence  proceed  along  the  coast,  touching  at  Cam- 
peachy  for  information  respecting  the  aforesaid  piratical  establish- 
ment, and  the  state  of  piracy  on  the  coast ;  and  affording  at  the  same 
time  all  the  protection  in  your  power  to  our  commerce. 

From  Campeachy  you  will  proceed  to  La  Vera  Cruz,  and  in  that 
neighbourhood,  as  well  as  Campeachy,  continue  to  give  protection 
to  our  commerce  ;  and  if  merchants  wish  you  to  give  convoy  to 
their  specie  to  the  United  States,  you  can  afford  it  at  the  usual  rate 
of  freight. 

The  freight  allowed  at  present  from  Havana,  is  2$  per  cent,  and' 
this  is  not  more  th;m  sufficient  to  indemnify  those  concerned  in  the 
risk,  responsibility,  and  trouble  of  the  transportation.  I  leave  it, 
however,  to  yourself  to  make  the  best  arrangement  you  can  with 
the  merchants,  assuring  them  of  prompt  delivery,  and  that  they 
may  calculate  on  a  certainty  of  the  means  of  transportation  being 
constantly  afforded  them. 

You  will  write  to  me  by  every  opportunity  from  La  Vera  Cruz, 
directing  your  letter  to  the  care  of  Messrs  Castillo,  Black,  &  Co. 
and  should  you  not  meet  the  Fox,  you  will  take  the  earliest  oppor- 
tunity of  informing  me  by  some  other  conveyance,  of  the  result  of 
your  observations  at  New  Malaga. 

It  is  to  be  presumed  that  a  stay  on  the  coast  of  one  month,  will 
be  sufficient  to  enable  you  to  make  up  a  freight.  Should  you  find 
it  necessary  however,  you  can  remain  there  six  weeks,  when  you 
will  return  to  this  place  for  further  orders. 

Spare  no  pains  whatever  in  endeavouring  to  preserve  the  health 
of  those  under  your  command,  allowing  of  as  little  exposure  to  the 
sun  as  possible,  and  at  night. 

With  great  respect,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Capt.  S.  SMITH,  Skip  Hornet. 


MATANZAS,  May  2nd,  1824. 

Sm  :  You  will  proceed  to  Havana  with  the  United  States  ship 
John  Adams — there  fill  your  water  and  proceed  to  the  Gulf  of 
Mexjco,  touching  at  Campeachy,  Alverado,  La  Vera  Cruze,  and 
Tampico,  for  the  purpose  of  affording  protection  to  the  persons 
and  property  of  our  citizens,  and  for  the  transportation  of  their 


243 

At  one  of  these  places  you  will  find  the  United  S/tates 
schooner  Jackall,  Lieutenant  Commandant  John  H.  Lee,  whom 
you  will  instruct  to  aid  you  in  the  duties  assigned  you,  and  when 
his  services  are  no  longer  necessary  to  you,  you  will  direct  him  to 
take  in  the  specie  of  our  citizens,  to  New  Orleans,  Havana,  or  any 
part  of  the  United  States  as  may  be  in  your  opinion  most  advanta- 
geous to  our  commercial  interests.  Should  he  go  to  New  Orleans 
or  Havana,  he  is  afterwards  to  proceed  to  Thompson's  Island,  and 
should  he  be  sent  to  the  United  States,  he  is  to  touch  there  for 
orders  from  me  ;  he  is  to  be  governed  in  all  cases  by  the  rules  pre- 
scribed to  you  in  regard  to  the  transportation  of  specie,  and  his  in- 
tercourse with  foreign  officers. 

When  you  have  completed  your  freight,  which  I  presume  may 
be  done  in  one  month  or  less,  you  will  touch  at  Havana  and  this 
place  for  further  orders. 

I  have  read  to  you  the  instructions  of  the  honourable  Secretary 
of  the  Navy,  relative  to  the  transportation  of  treasures. 

I  have  no  apprehensions  that  you  will  go  beyond  the  authority 
given — it  is  therefore  needless  to  make  any  further  communication 
to  you  on  the  subject.  1  will  merely  remark,  however,  that  none  of 
the  vessels  of  war  under  my  command  must,  on  any  account  what- 
ever, and  under  any  inducement,  be  used  for  the  purposes  of  com- 
mercial adventure.  You  can  carry  the  treasures  of  our  citizens 
trom  one  port  or  place  to  another,  and  you  can  take  it  to  the  United 
States  ;  but  nothing  in  the  shape  of  public  advertisements  must  ap- 
pear— and  in  all  your  intercourse  with  the  authorities  of  the  places 
you  may  visit,  make  frank  acknowledgments  of  the  motives  that 
brought  you  {here.  Let  all  your  transactions  in-  this  respect  be 
open,  and  not  liable  to  misapprehensions — nothing  whatever  in  the 
shape  of  clandestine,  shipments  must  be  countenanced.  Wishing 
you  a  pleasant  and  successful  cruize, 

I  am,  with  respect,  your  obedient  servant, 

(Signed)  IX  PORTER. 

Capt.  A.  J.  DALLAS,  U.  S.  ship  John  Adams. 


U.  S.  SHIP  JOHN  ADAMS,  off  Malanzasy  16th  July,  1824, 

MY  DEAR  SIR  :  I  have  this  moment  received  your  orders  for 
New  York,  all  the  money  on  board,  amounting  to  seventy  or  eighty 
thousand  dollars,  is  for  Philadelphia,  and  as  I  have  signed  bills  of 
lading  to  that  port,  I  am  confident  you  will  not  think  I  do  any  thing 
improper  when  I  go  there. 

Should  you  direct  that  I  proceed  from  thence  to  New  York,  the 
ship  will  be  ready  the  moment  after  the  delivery  of  the  money. 

Very  sincerely  and  respectfully,  your  most  obedient  servant, 

A.  J.  DALLAS. 
Comm'e  DAVID  PORTER,  Commanding  West  India  Squadron,  tic.  Sic.  frc- 


244 

WASHINGTON,  August  \lth,  1824* 

SIR  :  As  soon  as  the  United  States  ship  John  Adams  shall  be  ready  - 
for  sea  in  every  respect,  you  will  proceed  to  the    West  Indies   to 
give  protection  and  convoy  to  our  commerce,  governing  yourself 
in  every  respect  by  the  general  cruising  instructions  and  the  orders 
heretofore  given. 

You  will  make  the  islands  as  far  to  windward  as  St.  Barts,  touch- 
ing at  that  place  and  St.  Thomas,  and  examining  all  suspicious  places 
to  the  south  coast  of  Cuba.  You  will  thore  touch  at  St.  Jago  and 
Trinidad,  and  proceed  from  thence  to  the  Gulf  of  Mexico,  where 
you  will  cruise  until  a  renewal  of  your  supplies  shall  make  your 
return  necessary,  when  you  will  touch  at  Havana  and  Thompson's 
Island,  to  receive  them  and  further  orders. 

Should  you  consider  supplies  necessary  before  going  to  the  Gulf, 
you  can  touch  at  Thompson's  Island  for  them. 

Should  transportation  of  specie  offer,  you  can  take  it  on  board 
under  the  restrictions  laid  down. 

The  difficulties  which  have  recently  occurred  at  Tampico  with 
the  commandant  at  that  place,  will  make  your  occasional  presence 
there,  indispensably  necessary  Govern  yourself  in  your  intercourse 
with  him  with  the  utmost  caution  and  prudence,  avoiding,  if  possi- 
ble, every  thing  which  may  be  likely  to  produce  bad  feelings. 

You  will,  by  every  safe  conveyance,  make  reports  to  me  at 
Thompson's  Island,  of  your  proceedings.  Wishing  you  a  pleasant 
cruise,  your  very  obedient  servant, 

(Signed,)  D.  PORTER. 

Capt.  A.  J.  DALLAS. 

WASHINGTON,  Oct.  2nd,  182*. 

SIR  :  Having  received  orders  from  the  Hon.  Secretary  of  the 
Navy,  tr,  proceed  as  speedily  as  possible,  to  Thompson's  Island,  in 
your  ship,  you  will  drop  down  to  New  Castle,  ready  to  receive 
me  on  board,  and  be  prepared  to  sail  on  the  shortest  notice. 
Very  respectfully,  your  obedient  servant, 

(Signed,)  DAVID  PORTER. 

Capt.  A.  J.  DALLAS. 


THOMPSON'S  ISLAND,  April  12/A,  1824. 

SIR  :  With  the  Steam  Galliot  Sea  Gull  and  four  barges,  you  will 
proceed  to  give  a  thorough  examination  to  the  coast  inside  the 
Isabella  and  Colorado  reef,  in  search  of  pirates. 

With  three  of  the  barges,  you  will  enter  the  passage  at  the  east 
end,  near  Cayo  Blanco,  progressing  westward,  and  you  will  send 
the  Sea  Gull  and  one  of  the  barges,  to  enter  near  Cape  Antonio, 
to  progress  to  the  eastward.  I  shall  order  the  Grey  Hound  to  pro- 
ceed to  Cape  Antonio  with  a  supply  of  provisions,  there  to  await 
your  arrival,  and  to  receive  your  further  instructions. 

After  you  have  executed  these  instructions,  you  will  return  to 
this  place,  and  make  to  me  a  report  of  your  proceedings. 


246 

Wishing  you  a  pleasant  and  successful  cruise, — I  am,  with  great 
respect,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Capt.  JESSE  WILKINSON. 


Copy  of  a  letter  from  Capt.  J.  Wilkinson  to  Commodore  David  Porter,  Com- 
minder  in  chief  of  the  United  Stales  naval  forces  in  the  West  Indies,  Gulf  of 
Mexico,  and  on  the  coast  of  Africa,  communicated  to  tht  Secretary  of  the  ./Va- 
ry, dultd, 

UNITED  STATES'  STEAM  GALLIOT  SEA  GCLL,  24th  April,  1824. 

SIR  :  I  have  the  honour  to  report  to  you  my  return  with  the  Steam 
Galliot  Sea  Gull,  and  four  barges,  having  given  a  thorough  examina- 
tion of  the  coast  of  Cuba,  inside  the  Isabella  and  Colorados,  keep 
ia  search  of  pirates,  agreeable  to  your  orders  of  the  12th  inst. 

The  Sea  Gull  and  one  barge  entered  at  Cape  Antonio,  and  pro- 
gressed Eastward,  and  with  three  barges,  I  commenced  at  the 
river  Ortigosa  and  progressed  westward,  examining  minutely  every 
part  of  the  coast  until  I  met  the  Sea  Gull  with  the  whole  of  the 
forces. 

I  then  proceeded  to  the  spot  designated  by  you  for  the  anchorage 
of  the  Greyhound,  where  1  arrived  on  the  20th  instant,  took  in  a 
supply  of  water  and  provisions,  and  sailed  the  same  evening  for 
Thompson's  Island,  with  the  Greyhound  and  Fox  in  company  I 
despatched  the  Greyhound  for  Havana.  It  being  calm  at  7  o'clock 
yesterday  morning,  made  signal  for  the  Sea  Gull  to  take  the  barges 
in  tow,  and  also  for  the  Fox  to  make  the  best  of  her  way  to  Thomp- 
son's Island. 

I  ascertained,  from  several  concurrent  statements,  that  the  cele- 
brated pirate  Diableto,  sailed  from  Cape  Antonio  about  ten  days 
previous  to  our  arrival  there,  his  destination  unknown,  but  supposed 
to  be  for  the  coast  of  Yucatan,  from  the  course  he  steered  off,  to 
increase  his  armament,  having  at  that  time  but  eight  men,  and  noth- 
ing but  small  arms.  The  schooner  he  commanded  he  had  captured 
but  a  short  time  before  on  the  Coast  of  Cuba. 

1  have  the  honour  to  be,  sir,  your  obedient  servant, 

J.  WILKINSON. 

Com.  DAVID  PORTER,  Commander  in  Chief  of  the  United  States'  Naval  for- 
cts  in  the  West  Indies,  Gulf  of  Mexico,  and  on  the  Coast  of  Africa. 


U.  S.  SHIP  PEACOCK,  March  11,  1823. 

Sm  :  You  will  proceed  down  the  south  sides  of  St.  Domingo  and 
Cuba  to  Thompson's  Island,  with  the  ships  under  your  command, 
accompanied  by  the  United  States'  schooner  Jackall. 
Very  respectfully,  your  ob't  ser'vt, 

(Signed,)  D.  PORTER. 

Lieut.  Com.  L.  KEARNEY. 


U.  S.  SHIP  PEACOCK,  Allenton,  April  11,  1823. 
SIR  ;  So  soon  as  the  provisions  of  the  Grey  Hound  and  Weazel 


246 

can  be  taken  on  board,  you  will  proceed  with  them  to  Havana,  and 
give  convoy  every  Saturday  morning,  as  far  as  the  Double  Headed 
Shot  Keys. 

A  convoy  sails  with  the  Wild  Cat  and  Beagle  every  Sunday  morn- 
ing, from  Matanzas,  and  you  will  join  them.  You  will  have  fre- 
quent opportunities  of  communicating  with  Lieut.  Com.  Skinner^ 
and  obtaining  information  of  affairs  to  the  windward  of  Matan- 
zas, in  the  neighbourhood  of  the  Keys,  about  Point  Yeacos,  and 
which  you  will  direct  him  to  examine  if  practicable.  Every  week 
you  will  do  the  same  with  the  Coast  between  Matanzas  and  Havana, 
(on  your  return  from  convoy,)  where  there  are  several  places  that 
have  been  much  the  resort  of  pirates,  particularly  Bays  Escondido 
and  Jaruca. 

If  at  any  time  you  feel  disposed  to  change  stations  with  Lieut. 
Com.  Skinner,  you  can  do  so,  directing  him  to  perform,  with  two 
of  the  vessels,  the  duties  assigned  to  you. 

I  would  recommend  your  going  as  little  into  Havana  as  possible, 
on  account  of  the  health  of  yourself  and  your  officers  and  crew. 
Some  of  the  small  Bays  will  no  doubt  supply  you  with  water  and 
shelter,  while  you  are  not  cruising. 

It  will  soon  become  necessary  to  careen  the  vessels,  and  get  them 
in  order.  This  can  be  done  either  at  Matanzas  or  here,  and  proba- 
bly at  present  more  conveniently  at  Matanzas.  You  will  please 
therefore  supply  yourself  with  the  requisite  stores,  and  take  fa- 
vourable opportunities  of  careening  them,  one  at  a  time,  so  that 
you  may  always  be  in  readiness  for  the  performance  of  any  ser- 
vice that  may  be  required  of  you.  You  will  consider  yourself 
charged  with  the  protection  of  our  commerce  to  windward  of  Ha- 
vana, while  I  shall  use  other  means  of  protecting  it  to  leeward. 

The  vessels  must  come  here  for  provisions,  and  must  always 
come  with  their  water  filled  ;  but  should  any  small  supplies  be  re- 
quired, you  can  obtain  them  from  Mr.  Warner,  the  American  Con- 
sul at  Havana,  or  Mr.  F.  Adams,  an  American  merchant  at  Ma- 
tanzas. You  will  observe,  however,  the  utmost  economy  in  every 
thing.  Whenever  it  becomes  necessary  for  you  to  leave  your  sta- 
tion, you  will  apprise  the  merchants,  in  order  that  they  may  make 
arrangements  accordingly.  Very  respectfully,  your  obedient  serv't, 
(Signed,)  D.  PORTER. 

Lieut.  Com.  L.  KEARNEY,  U.  S.  Schooner  Grey  Hound. 


SEA  GULL,  Matanscu,  April  16,  1823. 

SIR  :  Inconsequence  of  your  having  sent  here   the  Weazel,  and 
of  your  intentions  of  coming  here  yourself,  I  have  sent  the  Wild 
Cat  and  Beagle  to  take  your  place  off  Havana. 
I  should  wish  to  see  you  before  my  departure. 
'Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER, 

Lieut.  Com.  L.  KEARNEY.          * 


(Extract.) 

U.  S.  GALLIOT  SEA  GULL,  dllenlon,  May  l9//t,  1823. 
SIR  :  Tou  will  proceed  to  give  convoy  every  Sunday  from  Ha- 
vana, examining  the  coast  occasionally  to  the  east  and  west  of  that 
port.  (Signed,)  D.  PORTER. 

Directed  to  Lieut.  Com.  S.  KEARNEY. 

SEA  GuLt,  June  3d,  1823. 

SIR  :  The  enclosed  is  the  copy  of  a  communication  respecting  a 
pirate  on  the  south  side  of  Cuba,  which  you  will  proceed  in  pur- 
suit of. 

You  will  consider  yourself  authorized,  as  circumstances  may 
seem  to  make  necessary,  to  go  around  the  Island  of  Cuba,  to  ruu 
over  the  Cape  Cartooche,  to  touch  at  Jamaica,  to  extend  your  cruise 
as  far  as  the  Mississippi,  and  run  down  to  Galveston  ;  and  as  the 
object  is  not  to  restrain  your  permit,  by  confining  your  limits,  you 
can,  if  there  is  a  reasonable  prospect  of  meeting  with  pirates, 
extend  your  researches  to  such  distance  as  may  enable  you  to  re- 
turn to  this  place  by  the  time  your  provisions  may  be  expended. 

Should  the  Jackall  arrive  this  evening,  she  will  probably  joio 
your  command  ;  or  if  you  should  sail  before  her  arrival,  it  is  like- 
ly I  shall  order  her  to  join  you  off  the  south  end  of  the  Isle  of 
Fines. 

If,  in  the  course  of  your  cruise,  you  should  find  persons  disposed! 
to  send  money  to  the  United  States,  you  can  take  it  on  board  off 
such  freight  as  may  be  agreed  on  between  you  ;  and  if  the  destina- 
tion should  be  New  Orleans,  you  can  proceed  with  it  direct ;  but  if 
to  the  Atlantic  states,  you  will,  after  receiving  it  on  board,  touch 
here  for  further  orders. 

The  pursuit  of  pirates,  is,  however,  the  primary  object,  and  ev- 
ery thing  else  is  to  yield  to  it. 

Wishing  you  a  pleasant  and  successful  cruise,  your  obedient  ser- 
vant, (Signed,)  D.  PORTER. 

Lieut.  Com.  L.  KEARNEY. 


U.  S.  STORE  SHIP  DECOY,  Thompson's  Island,  dpril  11/A,  1823. 

SIR  :  I  have  the  honour  to  report  to  you  the  events  of  my  cruise 
from  Aguadilla  to  this  place,  accompanied  by  the  U.  S.  schooner 
Jackal),  viz  : 

On  leaving  Aguadilla  on  the  12th  ultimo,  we  proceeded  pfl 
Cumberland  harbour,  on  the  south  side  of  Cuba,  and  from  thence 
along  shore  to  the  Westward,  looking  into  St.  Jago,  and  all  ports 
and  places  between  that  and  the  west  end  of  the  Island,  (Cape 
Antonia)  without  falling  in  with  any  piratical  or  other  vessels,  liable 
to  seizure,  or  hearing  of  any  piratical  acts  having  been  recently 
committed  along  that  coast. 

On  the  23rd  ult.  we  communicated  with  the  British  sloop  of  war 
Scout,  then  lying  at  anchor  under  the  Isle  of  Pines,  and  was  informed 


248 

that  she  had  tenders,  then  cruising  among  the  Keys  and  Bays  ifl  that 
quarter,  but  had  heard  of  no  pirates. 

On  the  24th,  fell  in  with  the  British  armed  cutter  Grecian,  often 
guns,  off  Cape  Corientes — was  informed  that  a  day  previous  she 
had  destroyed  a  piratical  vessel  in  St.  Philips  Bay,  the  vessel 
burnt,  and  nearly  all  the  men  killed  or  drowned — said  to  have  been 
the  only  piratical  vessel  heard  of  in  that  quarter. 

Same  day,  off  Cape  Antonio,  fell  in  with  H.  M.  ship  Tamer, 
and  two  armed  schooners,  Tenders,  who  confirmed  the  report  of 
the  Grecian. 

On  the  25th,  proceeded  in  the  Jackall,  back  to  Cape  Antonio, 
within  the  reefs,  without  discovering  any  vessels  or  boats  of  any 
description,  except  one  or  two  canoes,  at  an  establishment  at  the 
Cape,  where  there  were  also  some  huts  and  Spaniards.  The  En- 
glish boats  had  visited  there,  and  some  of  their  officers  being  on 
shore,  we  did  not  examine  that  place  so  particularly. 

From  Cape  Antonio  we  proceeded  along  the  out  side  of  the  Co- 
lorados,  and  close  in  with  the  reefs  and  coast,  up  as  far  as  Hava- 
na— saw  His  Majesty's  ship  Hyperiau  off  Cape  Antonio,  and  after- 
wards off  the  Bay  of  Honda,  cruising  also  for  pirates. 

Under  an  impression  that  nothing  remained  to  be  done,  we  pro- 
ceeded to  Thompson's  Island,  giving  convoy  to  several  merchant 
vessels  out  of  Havana.  I  am,  very  respectfully,  your  obedient 
servant,  LAWRENCE  KEARNEY. 


Lieut.  Com.  Kearney  to  Commodore  Porter. 
U.S.  SCHOONER  GREYHOUND,  Thompson's  Island,  August  lOlh,  1823. 

SIR:  1  have  the  honour  of  transmitting  herewith,  for  your  informa- 
tion, the  enclosed  report  of  the  cruize  of  this  vessel,  commenced 
tinder  circumstances  of  a  vexatious  nature,  as  the  report  will  shew  ; 
but,  terminating  in  a  manner,  I  trust,  somewhat  satisfactory  to  you, 
-although  the  principal  object  pointed  out  in  your  letter  (respecting 
the  pirates  at  the  Isle  of  Pines)  has  not  met  that  success  you  may 
have  anticipated  ;  but  I  have  the  satisfaction  to  inform  you,  that,  al- 
though I  have  not  been  so  fortunate  myself,  it  has  been  the  fortune 
of  others  to  apprehend  those  very  vilhans  who  committed  the  out-- 
rage upon  the  American  vessels  Reuben  and  Eliza  and  Mechanic,  as 
mentioned  in  your  orders. 

They  are  now  in  prison,  at  Trinidad  de  Cuba.  Having  had  a 
communication  with  the  Governor  of  that  place  on  the  subject,  I  sub- 
mjt  herewith  my  letter,  with  his  answer,  (together  with  some  pub- 
lications to  be  seen  in  Spanish  newspapers,)  for  your  information. 
Although  1  was  not  successful  in  getting  the  pirates  into  my  possession, 
the  application  made  through  the  enclosed  letter,  and  which,  in- 
deed, I  did  not  expect ;  yet  you  will  perceive,  it  has  drawn  an  offi- 
cial acknowledgment  of  these  pirates  being  in  possession  of  the  au- 
thorities ;  making  it  a  matter  of  public  notoriety,  it  becomes  more 
obligatory  to  pursue  their  prosecution  to  a  just  and  proper  issue. 

I  take  this  occasion  to  express  to  you  the  high  sense  I  entertain 


249 

of  the  Governor  of  Trinidad,  which  his  attentions  demand.  He 
tendered  us  every  civility  and  aid  in  his  power  in  the  prosecution 
of  our  duties  ;  offering  to  procure  us  a  pilot,  and,  altogether,  evinc- 
ing a  disposition  of  friendly  co-operation,  seldom  met  with  on  the 
island  of  Cuba. 

For  your  better  information  on  the  subject  of  our  visit  to  Cape 
Cruz,  I  beg  leave  to  subjoin  the  detail  of  events,  in  a  more  circum- 
stantial and  particular  manner  than  given  in  the  enclosed  report,  viz. 

On  the  20th  nit.  cruising  in  company  with  the  Beagle,  Lieut. 
Com.  Newton,  Cape  Cruz  bearing  S.  E.  about  four  leagues,  brought 
too  and  examined  a  small  armed  schooner,  of  about  35  tons,  having 
three  prizes  in  company.  She  proved  to  be  a  Colombian,  duly 
commissioned,  commanded  by  a  Frenchman,  and  manned  by  French- 
men, and  some  others,  apparently  natives  of  the  country  where  she 
belonged.  Her  commission  was  dated  at  Carthagena,  last  Decem- 
ber. Her  prizes  were  examined  by  Capt.  Newton,  and  found  to  be 
Spanish  droggers,  except  one,  a  large  canoe,  calculated  to  carry 
about  twenty  men,  which  boat  had  been  taken  on  shore,  near  the 
Cape,  where  she  had  been  abandoned  by  a  party  they  supposed  to 
be  pirates,  on  being  chased  by  said  schooner. 

On  the  following  day,  we  Stood  in,  with  the  Beagle  in  company, 
and  anchored  under  the  Cape.  Capt.  Newton  and  myself,  as  well 
for  recreation  as  to  examine  the  Cape,  landed  with  a  small  boat; 
but,  finding  the  walking  bad,  we  again  embarked,  and  proceeded 
along  shore  in  search  of  some  settlement.  Soon  after  getting  out 
of  site  of  our  schooners,  (by  doubling  around  the  Cape)  a  sudden 
and  quick  fire  was  opened  upon  us,  from  among  a  thicket  of  man- 
grove bushes  and  rocks,  with  which  the  Cape  is  bordered. 

The  party  was  armed  with  muskets  and  blunderbusses,  which 
were  fired  around  us,  alternately  without  effect ;  at  the  same  time, 
a  firing  upon  us  was  opened  from  another  quarter,  from  guns  mount- 
ed on  a  high  point  of  rocks  a  short  distance  ahead.  Thus  situated, 
with  a  cross  fire  upon  us,  enabled  only  occasionally  to  return  the 
fire  of  the  party  in  ambush,  as  some  of  them  would  dodge  from  bush, 
to  bush,  orrock  to  rock  ;  having  for  our  arms  but  a  fowling  piece 
and  one  or  two  muskets,  we  were  induced  to  return  to  our  vessels,, 
which  we  did.  It  being  late,  we  waited  till  next  day. 

On  the  morning  of  the  22d,  Capt.  Newton  and  myself  again  set 
off,  hoisting  our  colours  upon  the  boat  ;  as  it  was  a  fair  presump- 
tion, that,  in  consequence  of  a  Colombian  vessels  being  on  the  coast, 
some  mistake  on  the  'part  of  the  people  on  shore,  might  have  been 
made  in  regard  to  our  character.  But  that  proved  to  be  groundless  : 
for,  having  reached  within  the  distance  of  their  guns,  they  opened 
upon  us  with  more  apparent  spirit  and  determination  than  before, 
from  a  position  inaccessible,  apparently,  in  the  rear,  from  the  thick- 
ets of  bushes  and  briars  ;  and  the  same  in  front,  from  a  precipice  of 
rugged  rocks  ;  and,  so  commanding  altogether,  that,  to  prevent  the 
loss  of  lives,  I  directed  both  vessels  to  be  warped  round  the  Cape, 
aloog  an  extensive  reef,  which  almost  encircles  it,  affording  a  smooth 
32 


250 

and  shallow  harbour.  We  did  not  succeed  in  getting  within  gun-shot 
of  the  establishment,  until  we  had  reached  five  and  six  feet  water, 
when  we  anchored. 

Lieut.  Farragut,  with  the  marines  and  some  seamen,  was  order- 
ed on  shore,  to  endeavour  to  gain  a  position  in  their  rear,  to  attack 
them,  or  cut  off  their  retreat  before  the  schooner  moored,  or  their 
landing  could  be  discovered  by  the  pirates — as  we  had  deemed  the 
party  we  were  about  to  attack.  The  officers  of  both  schooners  vol- 
unteered, and  accompanied  the  party  on  shore,  one  being  only  re- 
served in  each  schooner,  and  a  sufficiency  of  men  for  the  guns,  hop- 
ing to  attract  tbe  attention  of  the  pirates  from  Mr.  Farragut's  party. 
Several  shot  were  tired  from  the  schooners,  \vhich  drove  the  pirates 
into  places  of  security  behind  the  jutting  rocks,  where  they  seemed 
to  be  in  considerable  force  ;  the  shot  being  seen  to  strike  among  the 
rocks  behind  which  they  sat  ;  and  not  until  the  boats  were  despatch- 
ed to  land  in  front,  and  Lieut.  F's  party  was  close  upon  them,  did 
they  abandon  the  advantageous  position  they  occupied.  They  were 
pursued,  but  with  so  decided  a  disadvantage  to  the  pursuers,  from 
their  want  of  knowledge  of  the  passes,  that  none,  unfortunately,  were 
taken,  except  two  old  and  decrepid  beings,  whose  age  and  infirmi- 
ties placed  them  beyond  the  merited  chastisement  their  more  active 
comrades,  had  they  fallen  into  our  power,  would  have  received. 

A  four  pounder,  two  swivels  mounted  on  the  heights,  and  some 
indifferent  articles  of  small  arms,  were  found  ;  they,  however,  esca- 
ped with  their  muskets  and  blunderbusses,  or  else  hid  them  in  some 
of  the  numerous  deep  and  intricate  caverns  to  be  found  on  the  cape  : 
in  one  of  which,  various  articles  of  plunder  were  stowed,  but  of  no 
value  ;  however,  enough  to  show  the  character  of  the  wretches 
who  infest  that  place,  human  bones  were  found  in  the  cave.  We 
found  eight  boats,  but  not  of  a  large  size  ;  their  principal  one  was, 
no  doubt,  the  one  taken  by  the  Colombian  cruiser,  as  before  stated  ; 
and  those  men  armed  with  muskets  and  blunderbusses  were,  BO 
doubt,  of  her  crew. 

From  information  derived  from  the  prisoners,  we  learn  that  the 
captain  of  the  gang  was  in  prison  in  the  interior  of  the  island,  for 
•having  burnt  an  English  vessel  off  that  cape.  As  a  singular  instance 
of  the  growing  propensity  of  the  present  age  for  piracy,  I  have  to 
inform  you,  that  even  a  woman  and  children  were  of  this  gang,  be- 
longing to  the  captain  of  them — a  second  "  Helen  M'Gregor,  "  and 
the  old  men,  too,  who  can  do  nothing  else,  light  up  the  signal 
fire,  which  was  done  in  the  present  instance,  on  our  appearing  on 
the  coast. 

In  another  case,  a  captain  of  a  vessel  informed  me  that  he  had 
been  plundered  by  a  gang  of  pirates,  who  took  him  by  surprise,  un- 
der the  following  stratagem,  viz. 

"  An  old  man,  (his  bald  head  and  hoary  locks  exposed  to  view) 
and  a  little  boy  to  steer  the  boat,  pulled,  or  sailed  alongside  of  his 
vessel  ;  when  it  was  too  late,  discovered  that  a  strong  party  lay  con- 
cealed in  the  bottom  of  the  boat,  to  whom  he  had  to  surrender." 


251 

The  female  just  mentioned  was  removed  to  some  place  of  safety 
before  the  attack  was  made,  (said  to  be  the  wife  of  the  captain.) 

Finding  our  pursuit  of  the  pirates  promised  no  success,  I  consid- 
ered it  unimportant  to  remain  longer  at  the  cape,  having  destroyed 
their  means  of  doing  further  mischief  for  a  time  ;  and,  taking  into 
consideration  the  state  of  our  officers  and  men,  worn  down  by  fatigue 
from  a  long  pursuit  over  one  of  the  roughest  countries  I  have  ever 
seen,  their  clothes  nearly  torn  oft',  from  bushes  of  impenetrable 
thickness,  and  their-shoes  cut  off  their  feet  by  sharp  pointed  rocks, 
over  which  they  passed,  I  abandoned  the  place,  bringing  off  the  arms, 
&c.  of  any  consequence,  and  setting  fire  to  every  thing  else  that 
would  burn. 

One  large  and  well  thatched  house,  and  three  smaller  ones,  were 
consumed,  and  a  quantity  of  fishing  nets  ;  and  their  furniture,  which 
1  have  always  observed  to  be  a  part  of  the  outfits  of  a  piratical  esta- 
blishment ;  they  are  merely  used  fpr  their  immediate  wants,  in  pro- 
curing sustenance,  when  their  real  profession  proves  unfruitful,  and 
obliges  them  to  it. 

I  have  written  you  a  very  long  and  full  account  of  this  affair,  in 
order  that  you  may  be  possessed  of  every  information  ir.  my  power 
to  give  in  the  event  of  a  question  arising  as  to  the  propriety  of  land- 
ing and  burning  property  on  a  foreign  shore  ;  and  should  this  case 
be  noticed  by  the  supporters  of"  territorial  jurisdiction,"  (over  un- 
inhabited parts  of  Cuba,  notorious  only  for  murder  and  piracy,)  it 
will  be  seen  that  your  officers  and  men's  lives  have  been  jeopardiz- 
ed, and  the  flag  of  their  country  made  a  target  for  the  lawless  villians 
to  fire  at,  at  their  pleasure,  and  which  will  continue  so  to  be,  if  any 
restrictions  should  be  put  upon  our  landing  in  similar  places,  where 
no  authority  exists  than  the  will  of  the  marauders  themselves  who 
inhabit  those  places. 

1  took  the  liberty  of  releasing  the  two  prisoners,  as  there  was  no 
yroof to  establish  them  pirates  ;  and  I  furnished  them  a  boat,  with  an 
express  condition,  that  they  should  never  appear  again  at  the  Cape, 
and  that  I  should  take  and  treat  as  pirates,  any  persons  found  there 
hereafter,  not  furnished  with  a  special  licence  from  the  present  Cap- 
tain General  of  Cuba,  setting  forth  their  character  and  occupation. 

This  was  taking  upon  myself,  perhaps,  too  much,  but  it  is  now 
submitted  to  you,  whether  such  a  measure  would  not  be  proper, 
not  only  in  regard  to  that  place,  but  all  others  of  a  like  position. 

That  there  is  a  chain  of  intercourse  with  fishermen  who  live  in 
such  places,  and  pirates,  I  have  no  doubt ;  and  it  must  be  obvious 
from  several  cases  of  late. 

As  regards  those  at  the  Isle  of  Pines,  they  affect  to  know  nothing 
of  the  robbery  of  the  vessels  your  order  mentions  to  me  having 
taken  place  there,  although  the  very  articles  of  the  cargoes  of  those 
vessels  I  saw  in  their  house. 

At  Cape  Antonio,  two  years  since,  I  found  fishermen's  huts  filled 
with  piratical  goods,  papers  and  letters,   robbed  from  different  ves 
s«ls:  strewed  about  their  floors. 


252 

That  fishermen,  as  well  as  pirates,  should  be  moved  from  all  the 
capes,  or  rather  uninhabited  parts  of  Cuba,  where  the  proper  au- 
thorities can  have  no  control,  I  think  necessary,  and  will  I  hope  be 
the  case. 

Very  respectfully,  I  have  the  honour  to  be,  your  obd't  serv't,  • 

LAWRENCE  KEARNEY,  Lt.  Com'dt  U.  S.  Navy. 
Com.  D.  PORTER, 

Commanding  U.  S.  Naral  Forces  in  the  W.  Indies  and  Gulf  of  Mexico. 

P.  S.  In  my  report  of  the  affair  at  Cape  Cruz,  I  forgot  to  men- 
tion, that  we  were  not  either  hailed,  or  was  there  any  colours  dis- 
played by  the  party  that  attacked  us.  by  which  we  could  ascertain 
their  character. 

As  regards  our  character,  they  could  have  no  great  doubt  :  for 
they  had  seen  us  communicating  with  an  English  ship  of  war,  close 
off  the  Cape,  on  the  same  day  of  our  arrival. 

1  was  informed  by  the  Governor  of  Trinidad,  of  pirates  infest- 
ing the  coast  to  the  eastward  of  that  place,  and  was  induced  to  pro- 
cee  1  within  the  keys  in  pursuit. 

On  my  way.  boarded  a  small  schooner,  belonging  to  the  Grand 
Cayman  island,  and  the  information  before  received  was  corrobo- 
rated by  her  master. 

Under  these  impressions,  I  reached  Cape  Cruz,  and  our  recep- 
tion there  induced  a  belief  that  we  had  met  the  party  complained  of. 
I  am,  very  respectfully,  your  obedient  servant, 

Com.  DAVID  PORTER,  L.  KEARNEY. 

Commander  U.  S,  Naval  Forces  in  the  Wett  Indies  and  Gulf  of  Mexico. 


WASH  ING  TOW,  July  8tf>,  1824-. 

SIR  :  After  executing  my  orders  to  Lieut.  Commandant  T  H. 
Stephens,  of  the  25th  of  April  last,  (copy  of  which  I  enclose  you) 
you  will  fill  up  your  provisions  and  stores,  touch  at  Havana,  offer 
convoy  to  vessels  bound  into  the  Gulf  of  Mexico,  and  then  proceed 
to  the  coast  of  Yucatan — run  down  to  Campeachy — there  offer 
convoy  and  protection,  and  from  thence  proceed  to  Alvarado,  La 
Vera  Cruz  and  Tampico,  remaining  in  the  neighbourhood  of  those 
places  about  six  weeks,  giving  protection  to  our  commerce,  and 
governing  yourself  in  all  your  proceedings  by  my  general  instruc- 
tions of  the  26th  February,  1823,  which  have,  no  doubt,  been  trans- 
ferred to  you  by  Lieut.  Commandant  Stephens. 

If,  in  the  course  of  your  stay  in  the  Gulf,  our  merchant  should 
have  specie  to  transport  from  one  port  or  place,  or  to  the  United 
States,  you  will  take  it  on  board  on  the  usual  freight,  taking  special 
care  that  nothing  like  illicit  shipments  are  made,  and  that  nothing  in 
the  shape  of  public  advertisements  appear,  or  that  any  thing  is 
done  liable  to  misconstruction,  or  give  rise  to  unfriendly  comments, 
and  above  ;ill.  that  your  vessel  is  not  made  an  object  of  commercial 
speculation  and  enterprise.  Nothing  in  the  shape  of  merchandise 
must  be  uken  on  board,  except  under  the  circumstances  provided 


253 

for  by  the  Act  for  the  better  government  of  the  Navy.  Let  all 
your  proceedings  in  these  respects  be  open  ;  make  known  frankly  to 
the  authorities  of  the  place  your  objects,  and  let  your  conduct  be 
such  as  to  remove  all  suspicions. 

In  the  transportation  of  specie,  an  object  of  great  importance  to 
our  country,  we  have  a  delicate  duty  to  perform,  and  one  which 
very  many  believe  is  not  obligatory  on  us  ;  confine  yourself,  how- 
ever, strictly  to  your  orders,  and  no  remarks,  whether  publicly  or 
privately,  may  need  cause  you  pain. 

After  receiving  the  specie  on  board,  proceed  with  the  convoy, 
if  any,  to  Havana,  thence  to  New  York,  touching  if  necessary,  at 
Charleston,  to  land  any  specie  you  may  have  for  that  place.  After 
landing  your  specie  at  New  York,  you  will  return  to  Thompson's 
Island  by  the  same  route,  pointed  out  in  my  instructions  of  the  25th 
of  April.  Wishing  you  a  pleasant  cruise, 

Your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lt.  Com'dt  JOHN  GALLAGHER,  <\'<w  York. 

Copy  of  a  letter  from  Lieut.  Com^dt  John  Gallagher  to  Com.  David  Porttr — 
communicated  to  the  Secretary  of  the  Wavy. 

U.  S.  SCHOONER  SHARK,  Havana,  November  6th,  1824. 

SIR  :  I  had  the  honour  to  address  you  from  Thompson's  Island, 
•dated  8th  September  last,  giving  an  account  of  our  proceedings  up 
to  that  date. 

The  wind  being  from  the  southward,  and  sqixilly,  we  did  not  sail 
from  Thompson's  Island  until  the  10th,  and  arrived  at  the  Havana 
on  the' 12th.  After  remaining'at  the  Havana  three  days,  not  finding 
any  vessels  bound  into  the  Gulf  of  Mexico,  or  desirous  of  convoy, 
we  left  the  harbour,  and  stretched  over  for  Thompson's  Island,  for 
the  double  purpose  of  landing  $2000,  taken  on  board  at  Havana 
for  Parser  Thornton,  (which  money  I  was  requested  to  land  there, 
it  being  much  wanted  for  the  station,)  and  ascertaining  if  Lieut.  Var- 
num,  in  the  Barge  Gallinipper,  and  the  schooner  Terrier,  had  sail- 
ed on  the  expedition  to  Point  Yeacos. 

I  arrived  at  the  Island  on  the  16th  September,  landed  the  specie, 
(Lieut.  Varnum  had  sailed  four  days  previous)  and  sailed  again  on 
the  next  day,  shaping  our  course  for  the  Gulf  of  Mexico. 

After  arriving  in  the  Gulf  we  cruised  about  six  weeks,  touching 
off  Campeachy,  and  communicating  with  the  town.  Not  finding  any 
American  vessels  here,  nor  hearing  of  any  pirates  or  recent  piracies, 
we  proceeded  to  the  westward,  cruizing  from  Roca  Partido  up  with 
Alvarado  ;  after  which,  anchored  off  the  harbour  of  Alvarado,  and 
communicated  with  the  town,  offering  convoy  and  protection  to  our 
commerce.  There  being  only  three  American  vessels  in  port,  none 
of  which  were  ready  to  sail  immediately,  my  further  services  being 
unnecessary  at  that  time,  I  proceeded  to  Vera  Cruz,  at  which  place 
we  remained  at  anchor  three  days,  the  Weazel  in  company,  bound  to 
Alvarado.  There  was  not  a  single  American  vessel  in  port,  conse- 


qaentlv  my  services  were  not  necessary  at  that  place.  \\e  got  under 
weigh,"  and  cruised  to  the  northward,  as  far  as  Tainpico,  where  we 
anchored  and  communicated  with  the  town,  offering  protection  and 
convoy  to  any  vessels  bound  out.  We  remained  off  Tampico,  and 
in  the  neighbourhood  ten  days  :  from  thence,  cruized  to  the  south- 
ward,  and  off  Vera  Cruz  and  Alvarado,  but  was  unable  to  com- 
municate with  the  shore,  in  consequence  of  bad  weather. 

The  term  of  our  cruize  in  the  Gulf  having  nearly  expired,  we 
shaped  our  course  for  Yucatan  Bank,  where  we  cruised  in  sight  of 
/Uacran  and  in  the  neighbourhood,  a  few  days,  stretching  off  Cape 
'Cartoche  and  Antonio,  from  thence  to  this  port,  where  we  arrived 
t0  day  H  affords  me  great  satisfaction  to  state,  that  the  officers  and 
crew  have  enjoyed  health  since  leaving  New-York,  not  having  lost 
a  man  by  sickness,  nor  have  we  heard  a  single  case  of  malignant  fe- 
ver on  board. 

1  have  the  honour  to  be,  sir,  with  great  respect,  your  ob  t  serv  t, 

JOHN  GALLAGHLK. 

To  Com.  DAVID  PORTER, 

Commanding  U.  S.  squadron  in  the  Gulf  of  Mexico  and  ft  esl  1 


SEA  GCLL,  Allenlon,  May  \\lh.  1823. 

SIR  •  You  will  proceed  to  Matanzas  with  the  United  States'  schoo 
ner  Jackall,  under  your  command,  and  from  thence  give  convoy 
every  Sunday  morning,  as  tar  as  the  Doable  Headed  Shot  Keys,  and 
occasionally  examining  on  your  return  Key  Sal,  the  Keys  to  wind- 
ward of  Point  Yacos,  and  the  co*«t  to  leeward,  for  piratical  vessels, 
and  vessels  engaged  in  the  slave  trade,  coining  under  cognizance  oi 
our  laws,  as  explained  in  my  general  instructions.  Should  you,  at 
any  time,  be  possessed  of  information  which  may  be  of  importance 
to  me,  w  letters,  or  packages  of  newspapers,  and  no  injury  will  re- 
sult to  the  public  interest  by  your  absence  from  Matajizas,  you  will 
please  to  run  over  to  this  island  with  them. 

If  at  any  time,  merchants  should  apply  to  you  for  the  transporta- 
tion of  specie  to  the  United  Slates,  you  will  please  to  inform  me, 
as  early  as  possible,  as  to  the  amount,  and  the  time  when  it  will  be 
ready  ,"in  order  that  arrangements  may  be  made  accordingly. 

Very  respectfully,  your  obedient  servant, 

D.   r  UK  1  bit. 

Lieut.  Comd't  T.  H.  STEVENS. 

SEA  GULL,  Jlltnton,  June  18,  ir,2i 
(Extract.} 

You  will  proceed  to  Washington  with  the  United  States    schoo- 
ner Jackall,  reporting  her  arrival  to  the  Honourable  Secretary  c 
the  Navy,  for  such  changes   in  the  officers  a*  may  be  necessary, 
and  to  fill   up  her  erew— these  being  the  objects  of  sending   her 
home.     When  the  necessary  changes  have  been  completed,  sn< 
to  return  to  this  place  by  the   way  of  Crooked  Island   or  Caacu 
Usages,  running  down  the  south  side  of  Cuba,  examining  the  < 


J255 

> 

and  touching  at  St.  Jago  and  Trinadada,  for  information  respecting 
piracy. 

It  is  extremely  desirable  that  no  unnecessary  delay  should  take 
place  in  the  United  States,  as  the  services  of  the  Jackall  will  be 
wanted,  and  any  delay  will  prevent  my  carrying  into  tefTect  the  ar- 
rangement of  the  periodical  sailing  of  vessels  from  here. 

(Signed  by)  D.  PORTER. 

Directed  to  Lieut.  Comdt.  Tad*.  H.  STEVE.IS. 


U.  S.  SHIP  JOHK  ADAMS,  Craney  Island,  Dec.27th,  1823. 

SIR  :  You  will  proceed  to  the  Gulf  of  Mexico,  with  the  U.  S. 
schooner  Shark,  under  your  command,  and  hind  the  two  gentlemen. 
Agents  of  the  Bank  of  the  United  States,  either  at  Alvarado,  La  Vc- 
ra  Cruz,  or  Tampico,  at  their  option  ;  you  will  then  regulate  your 
movements  so  as  to  receive  on  board  your  vessel  such  sums  of  mo- 
ney, in  any  of  the  ports  of  Mexico  in  the  Gulf,  as  they  may  desig- 
nate ;  the  money  to  be  received  on  deck,  an<l  in  parcels  of  not  less 
than  one  thousand  doHars,  put  up  in  good  substantial  boxes,  barrels, 
keiis,  or  skins. 

The  money  received  from  them  is  not  to  include  any  other  than 
what  belongs  to  the  Bank  of  the  United  States,  except  on  the  usual 
terms  of  freight  ;  all  consignments,  therefore-,,  to  the  Bank,  and  not 
the  property  of  the  Bank,  are  tu  be  taken  on  the  terms  usually  given 
by  merchants,  and  you  will  take  the  British  rule  as  your  guide. 

When  you  shall  have  completed  your  freight,  you  will  repair  to 
Thompson's  Island,  for 'further  instructions. 

It  is  presumed  that  you  will  not  find  it  necossary  to  remain  in  the 
Gulf  more  than  six  weeks,  and  I  shall  endeavour  to  send  a  vessel 
to  relieve  you  about  the  1st  of  March  next. 

I  have  read  to  you  the  instructions  of  the  Honourable  Secretary 
of  the  Navy,  relative  to  the  transportation  of  treasures.  I  have  no 
apprehensions  that  you  will  go  beyond  the  authority  given  ;  it  is 
therefore  needless  to  make  any  further  communication  to  you  on 
the  subject.  I  will  merely  remark,  however,  that  none  of  the  ves- 
sels of  war  under  my  command,  mu«t,  on  any  account  whatever, 
and  under  any  inducement,  be  used  for  the  purposes  of  commercial 
adventure.  You  can  carry  the  treasures  of  our  citizens  from  one 
port  or  place  to  another,  and  you  can  take  it  to  the  United  States  ; 
but  nothing  in  the  shape  of  public  advertisements  must  appear  ;  and 
in  all  your  intercourse  with  the  authorities  of  the  places  you  may 
visit,  make  frank  acknowledgments  of  the  motives  which  brought 
you  there.  Let  all  your  transactions,  in  this  respect,  be  open,  and 
not  liable  to  misapprehension.  Nothing  whatever  in  the  shape  ot 
clandestine  shipments  must  be  countenanced. 

For  the  information  of  the  Government,  you  will,  on  joining  me, 
report  to  me  the  amount  of  treasures  on  board  your  vessel,  where 
taken  from,  where  destined,  and  the  circumstance*,  term?  and  con- 
ditions, on  which  you  have  taken  them. 


256 

Should  I  leave  Thompson's  Island  before  your  arrival  there,  f 
shall  leave  orders  for  you.  During  your  stay  in  the  Gulf,  as  well 
as  on  your  passage  out  and  home,  you  will  seek  every  occasion  to 
give  protection  to  the  persons  and  property  of  the  citizens  of  the 
United  States. 

Wishing  you  a  pleasant  and  a  profitable  cruise,  I  am,  Sir,  very 
respectfully,  D.  PORTER. 

Lieut.  Comdt.  THOMAS  H.  STEVESS,  U.  S.  schr.  Shark. 


tl.  S.  SHIP  JOHH  ADAMS ,  January  !«/,  1824. 

SIR  :  You  will  proceed  to  the  Gulf  of  Mexico  with  the  United 
States'  schooner  Shark  under  your  command,  and  land  the  two  gen- 
tlemen, agents  of  the  bank  of  the  United  States,  either  at  Alvarado, 
La  Vera  Cruz,  or  Tampico,  at  their  option.  You  will  then  regu- 
late your  movements  so  as  to  receive  on  board  your  vessel,  such 
sums  of  money  in  any  of  the  ports  of  Mexico,  in  the  Gulf,  as  they 
may  designate  ; — the  money  to  be  received  on  deck,  and  in  parcels 
of  not  less  than  one  thousand  dollars — put  up  in  good  substantial 
boxes,  barrels,  kegs  or  skins. 

The  money  received  from  them  is  not  to  include  any  other  than 
what  belongs  to  the  bank  of  the  United  States,  except  on  the  usual 
terms  of  freight.  All  consignment*,  therefore,  to  the  Bank,  and 
not  the  property  of  the  Bank,  are  to  be  taken  on  the  terms  usually 
given  by  merchants,  and  you  will  take  the  British  rule  as  your 
guide. 

When  you  shall  have  completed  your  freight,  you  will  repair  to 
Thompson's  Island  for  further  instructions.  It  is  presumed  that 
you  will  not  find  it  necessary  to  remain  in  the  Gulf  more  than  six 
weeks,  and  1  shall  endeavour  to  send  a  vessel  to  relieve  you  about 
the  1st  of  March  next. 

I  have,  read  to  you  the  instructions  of  the  honourable  Secretary 
of  the  Navy,  relative  to  the  transportation  of  treasures.  I  have  no 
apprehension  that  you  will  go  beyond  the  authority  given — it  is 
therefore  needless  to  make  any  further  communication  to  you  on 
the  subject.  1  will  merely  remark,  however,  that  none  of  the  ves- 
sels of  war  under  my  command  must,  on  any  account  whatever,  and 
under  any  inducement,  be  used  for  the  purpose  of  commercial  ad- 
venture. You  can  carry  the  treasures  of  any  of  our  citizens  from 
one  port  to  another,  and  you  can  take  it  to  the  United  States  ;  but 
nothing  in  the  shape  of  public  advertisements  must  appear — and  in 
all  your  intercourse  with  the  authorities  of  the  places  you  may  visit, 
make  frank  acknowledgments  of  the  motives  which  brought  you 
there. 

Let  all  your  transactions  in  this  respect  be  open,  and  not  liable  to 
misapprehension.  Nothing  whatever,  in  the  shape  of  clandes- 
tine shipments  must  be  countenanced.  For  the  information  of  the 
government,  you  will,  on  joining  me,  report  to  me  the  amount  of 
treasures  on  board  your  vessel,  where  taken  from,  where  destined. 


257 

and  the  circumstances,  terms,  and  conditions,  on  which  you  have 
taken  them. 

Should  1  leave  Thompson's  island  bpfore  your  arrival  there,  I 
shall  leave  orders  for  you  during  your  stay  in  the  Gulf,  as  well  as 
on  your  passage  out  and  home — you  will  seek  every  occasion  to 
give  protection  to  the  persons  and  property  of  the  citizens  of  the 
United  States. 

Wishing  you  a  pleasant  and  profitable  cruize,  I  am,  sir,  very  re- 
spectfully, 

(Signed)  D.   PORTER. 

Lieut.  Commandant  TII.  D.  STEVENS,  U.  S.  schr.  Shark. 


U.  S.  SHIP  JOHN  ADAMS,  Al  sea,  February  25th,  1824. 

SIR  :  After  landing  the  specie  on  board  your  vessel  at  Philadel- 
phia, you  will  proceed  to  the  coast  of  Africa,  running  down  as  far 
as  cape  Messurado,  communicating  with  the  public  agent  there, 
and  affording  every  aid,  assistance  and  protection  to  the  colony  of 
free  blacks  in  your  power  to  bestow. 

Should  you  in  your  route  capture  any  slave  vessels,  you  will  de- 
Kver  them  to  the  agent  appointed  by  the  government  to  receive 
them. 

From  thence  you  will  run  for  the  coast  of  Guinea,  and  continue 
down  the  coast  of  Venezuela,  thence  to  Jamaica,  and  from  thence 
to  Havana  and  Thompson's  Island,  where  you  will  receive  my  fur- 
ther orders. 

In  this  route  you  will  seek  every  occasion  to  afford  such  pro- 
tection to  the  persons  and  property  of  our  citizens,  as  may  be  in 
your  power,  and  for  this  purpose  you  will  touch  at  such  places 
where  it  is  most  likely  such  protection  may  be  required. 

You  will  carry,  according  to  the  prescribed  rules,  the  specie  of 
our  citizens  from  one  port  or  place  to  another. 

You  will  be  governed  by  the  laws  for  the  suppression  of  the 
Slave  trade,  and  by  my  general  cruizing  instructions,  as  regards  the 
•  duties  you  have  to  perform. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  THOS.  H.  STEVENS,  U.  S.  schooner  Shark. 


U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  April  25/A,  1824. 
SIR  :  You  will  proceed  to  Charleston  and  New-York,  and  deliver 
the  specie  on  board  your  vessel  ;  you  will  then  return  with  all  pos- 
sible expedition  to  this  place,  touching  at  St.  Barts,  St.  Thomas  and 
Matanzas,  for  information  respecting  piratical  vessels,  &c. 
Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Com.  THOS.  H.  STEVEKS. 
33 


258 

U.  S.  SHIP  JOHN  ADAMS,  February  Ulh,  182*. 

SIR  :  Observing  in  the  public  prints  your  arrival  in  New-York,  I 
have  to  direct  your  return  to  Thompson's  Island,  with  all  possible 
despatch,  by  the  way  of  Caycos  or  Crooked  Island  Passage,  and 
round  the  south  side  of  Cuba,  looking  into  Cumberland  Harbour, 
St.  Jago,  Cope  Cruz,  Trinidada,  Isle  of  Pines,  &c.  &c.  You  will 
be  governed  by  the  general  cruising  instructions,  as  regards  the  du- 
ties to  be  performed. 

Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Com.  JAMES  P.  OELLERS,  U  S.  Sch.Jackall. 


U.  S.  SHIP  JOHN  ADAMS,  Norfolk,  January  24, 1824. 

Sin  :  You  will  proceed  with  the  United  States  schooner  Gram- 
pus under  your  command  to  the  Coast  of  Africa,  continuing  along 
the  coast  in  the  usual  track  of  slave  trading  vessels,  in  pursuance 
of  the  general  cruising  instructions,  and  the  acts  of  Congress  for 
the  suppression  of  the  slave  trade,  and  capture  of  piratical  ves- 
sels ;  copies  of  which,  and  ofthe  laws  relative  thereto,  you  have  en- 
closed. 

While  on  the  coast,  you  will  touch  on  the  American  settlement 
of  free  coloured  people,  communicate  with  the  agent  of  the  Colo- 
nization Society,  ascertain  the  state  and  condition  of  the  Colony, 
giving  it  such  aid,  assistance,  and  protection,  as  it  may  stand  in  need 
of,  and  be  in  your  power  to  furnish. 

From  thence  you  will  proceed  towards  the  coast  of  Guinea,  and 
thence  in  the  route  usually  traversed  by  vessels  with  slaves,  which 
is  most  north  of  the  Antilles,  and  the  Keys  to  Cuba.  You  will,  in 
your  route,  touch  occasionally  at  some  of  the  Islands  of  the  West 
Indies,  to  obtain  news  of  piratical  vessels  ;  but  you  will  endeavour 
to  reach  Matanzas,  fill  your  water,  and  repair  to  Thompson's  Island 
by  the  middle  of  May,  where  you  will  receive  my  further  orders. 

Wishing  you  a  pleasant  and  successful  cruise,  I  am,  with  great 
respect,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Coin.  JOHN  D.  SLOAT. 


U.  S.  S.  GALLIOT  SEA  GULL,  Matanzas,  May  20/A,  1834. 

Sm  :  I  have  received  yours  of  yesterday,  communicating  your 
proceedings,  in  conformity  with  my  instructions  of  the  24th  January, 
which  is  highly  satisfactory,  and  shall  be  laid  before  the  Hon.  Se- 
cretary of  the  Navy,  for  his  information,  and  for  the  information 
of  those  interested  in  the  establishment  at  Cape  Messurado. 

After  filling  your  water  and  obtaining  your  supplies  of  provi- 
sions, you  will  touch  at  Havana,  and  take  under  convoy,  vessel* 
bound  to  the  Gulf  of  Mexico,  run  down  on  the  coast  of  Yucatan, 
touch  at  Campeachy,  thence  to  Alvarado,  Sacraficio,  La  Vera 
Cruz  and  Tampico,  giving  every  protection  in  your  power  to  the 


259 

persons  and  property  of  American  citizens,  and  convoy  to  vessels 

of  ;ill  nations  against  piratical  aggression. 

After  remaining  in  the  Gulf  about  six  weeks,  you  will  proceed 
to  Havana,  and  from  thence  to  New  York,  and  you  are  permitted 
to  receive  on  board,  the  gold  and  silver  {of  our  merchants,  at  the 
SHtne  rate  of  freight  as  is  charged  by  British  ships  of  war,  but  you 
will  be  particularly  careful  that  nothing  like  clandestine  shipments 
take  place,  and  that  nothing  in  the  shape  of  merchandise  be  permit- 
ted to  come  on  board  ;  for,  although  it  is  the  desire  of  the  Navy 
Department,  that  every  facility  be  given  to  our  merchants  to  get 
their  specie  from  one  port  or  place  to  another,  it  is  strictly  forbid- 
den, that  our  ships  should  become  objects  of  commercial  specula- 
tion and  enterprise  ;  in  other  respects,  let  all  your  transactions  in 
regards,  be  open,  and  not  subject  to  misconstruction,  and  in  confor- 
mity with  the  orders  of  the  Secretary  of  the  Navy.  You  will,  on 
your  arrival  at  New  York,  make  to  me  a  written  report  of  the 
sums  brought  in  your  vessel ;  the  place  or  places  taken  from, 
where  landed,  and  the  rate  at  which  it  was  taken  on  freight.  Wish- 
ing you  a  pleasant  cruise,  I  am,  with  great  respect,  your  obedient 
servant, 

(Signed,)  D.  PORTER. 

Lieut.  Comd't  JOH.V  D.  SLOAT,  U.  S.  Schooner  Grampus. 


Extract  of  a  letter  from  Lieut.  ComnCdt  John  D.  Sloat  to  Commodore  David 
Porter,  Commanding  the  U.S.  Naval  forces  in  the  West  Indies,  GulJ  of  Mexico, 
and  coast  of  Africa,  communicated  to  the  Secretary  of  the  ./Vary,  dated 

U.  S.  SCHOOWKR  GRAMPUS,  Matansas,  May  29/A,  1824. 

SIR  :  In  conformity  to  your  orders  of  the  24th  January,  1824,  I 
•ailed  from  Hampton  Roads  on  the  28th  February,  and  proceeded  to 
the  coast  of  Africa.  On  the  4th  of  April  I  anchored  at  Cape  Mes- 
surado  and  visited  the  colony  of  free  people  of  colour,  where  I  re- 
mained eight  days,  and  have  the  satisfaction  to  report  that  I  found 
them  comfortably  settled,  and  at  peace  with  all  the  neighbouring  na- 
tions, although  they  apprehend  that  the  tribe  they  had  the  diffi- 
culty with  previous  to  the  visit  of  the  Cyane  is  not  friendly  to  them, 
yet  they  do  not  believe  they  will  venture  to  attack  them  again,  par- 
ticularly since  my  visit,  as  I  gave  the  natives  to  understand  that  I 
should  return  there  shortly,  and  they  know  that  1  supplied  the  colo- 
ny with  ammunition,  provisions,  &c.  &c.  a  return  of  which  1  enclose. 
The  appearance  of  the  Grampus  on  the  coast  has  been  of  essential 
service  to  the  settlement.  The  trade  with  the  natives  in  their  im- 
mediate vicinity  had  been  stopped  for  some  time,  but  when  they 
found  the  Grampus  to  be  a  vessel  of  war,  the  King  sent  in  word  that 
he  would  open  the  trade,  and  before  1  left  there  the  natives  began  to 
come  in  with  provisions  and  other  articles,  in  considerable  numbers. 
The  agent  for  the  United  States,  as  well  as  for  Colonization  Society, 
had  left  the  settlement  some  time  before  my  arrival,  they  have  ap- 
pointed acting  agents,  Mr.  Waring  for  the  United  States,  and  Mr> 


260 

Johnson  for  the  Society,  both  coloured  men.     By  their  advice  the 
people  have  elected  ;>  council  of  twelve  to  assist  in  managing  the 
affairs  of  the  colony,  and  by  what  I  could  discover,  they  appear  to 
be  doing  very  well,  but  they  are  extremely  desirous  to  have  the  ad- 
vice of  good  agents ;  they  say  they  do  not  yet  feel  themselves  com- 
petent to  manage  the  establishment.     Their  settlement  is  very  plea- 
santly situated  on  a  narrow  peninsula,  the  sea  on  one  side  and  Mes- 
surado  river  on  the  other,  on  high  ground,  and  they  have  for  its  pro- 
tection a  tolerable  good  fort,  built  of  stone  at  one  end  of  the  village, 
on  which  are  mounted  at  present  one  long  eighteen  pounder,  and 
two  eighteen  pound  gunnades  ;  at  the  other  extremity  is  a  block- 
house with  one  nine  pounder  and  one  six.     They  also  have  mount- 
ed one  brass  four  pound  field  piece  and  one  two  pound  swivel,  be- 
sides several  other  guns  not  mounted,  and  about  one  hundred  mus- 
kets, eighty  of  which  are  in  good  order,  and  the  others  they  will  be 
able  to  repair  with  the  tools  and    materials    I   gave  them  :  the 
.number  of  inhabitants   is  two    hundred  and   thirty-seven  ;    78  of 
them  capable  of  bearing  arms,  who  are  formed  into  a  company,  and 
muster   for  exercise   every   Saturday.     They  all  have  very  good 
houses,  and  some  of  them  begin  to  cultivate  gardens  ;  they  have  also 
cleared  a  considerable  piece  of  ground  intended  for  cultivation  ; 
they  catch  in  the  river  a  variety  of  fish,  and  plenty  of  oysters.  They 
have  an  abundance  of  fine  timber,  and  the  soil  is  very  good  ;  and 
they  all  appeared  to  be  quite  contented  with  their  situation.    They 
probably  enjoy  as  good   health  there,  as  they  would  in  any  part  of 
the  world.     Of  the  last  emigrants,  one  hundred  and  five,  all  have 
gone  through  their  seasoning;  three  young  children  only  have  died, 
and  they  with  complaints  incident  to  every  climate  and  country. 
I  have  made  this  detailed  report,  believing  it  would  be  agreeable  to 
you,  to  the  Society,  and  to  all  those  friendly  to  the  settlement,  to 
know  exactly  how  these  people  are  situated,  as  I  have  been  inform- 
ed at  St  Thomas,  that  there  are  very  discouraging  reports  in  circu- 
lation in  the  United  States      We  sailed  from  thence  on  the  lr,h  of 
April,  and  1  am  sorry  that  I  am  obliged  to  add,  on  the  eighth  day 
several  cases  of  malignant  bilious  fever  occurred  on  board,  three  of 
which  proved  fatal.     A  particular  description  of  the  character  and 
progress  of  the  disease,  by  Dr.  Halse,  I  beg  to  enclose.     No  person 
has  been  permitted  to  go  on  shore  except  when  necessity  required 
it,  and  no  persons  were  attacked  with  this  disease  except  those  w  ho 
had  been  thus  exposed.     After  leaving  Cape  Messurado,  I  beat  up 
the  coast  to  the  northward  of  Rio  Grande,  but  did  not  meet  with  any 
vessels  coming  within  the  limits  of  my  instructions.     From  there  I 
proceeded  in  the  execution  of  your  further  orders,  and,  on  the  10th 
of  May,  anchored  at  Martinico,  to  obtain  information,  fill  my  water 
casks,  and  obtain  other  supplies,  all  of  which  were  nearly  exhaust* 
ed.     Sailed  thence  on  the  16th,  and  anchored  at  St.  Bartholomews 
on  the  18th  ;  sailed  again  on  the  19th,  and  anchored  at  St.  Thomas  on 
the  20th,  sailed  thence  on  the  21st ;  called  ofl'St.  Johns.  Porto  Rico, 
on  the  22d,  and  communicated  with  the  American  Consul.     The 


261 

uext  day  I  stood  close  into  the  town  of  Aguadilla,  where  I  found  u 
Dutch  man-of-war  brig ;  communicated  with  the  commander,  who 
informed  me  he  had  been  there  some  days,  and  had  not  heard  of  any 
piracies  or  suspicious  vessels  in  the  Mona  Passage  lately.  Remain- 
ed in  the  Mona  Passage  all  night,  and  then  made  the  best  of  my  way 
to  the  Island  of  Cuba. 

I  have  examined  the  North  Coast  closely  as  far  down  as  Sugar 
Key,  where  I  anchored  in  consequence  of  seeing  several  tents  on 
the  Key.  I,  however,  found  then)  to  be  the  crew  of  a  Spanish  brig 
of  war  from  Cadiz,  cast  away  there  twelve  days  previous.  From 
there  the  weather  did  not  permit  me  to  approach  the  Keys  along 
the  Cuba  shore.  I  examined  Ginger  Key,  but  found  no  person 
there,  nor  any  indication  of  any  having  been  there  recently. 

I  am,  sir,  your  most  obedient  servant,        JOHN  D.  SLOAT. 

To  Com.  DAVID  PORTER,  Commanding  U.  S.  Jfaval  forcet  in  the  Weil 
Indies,  Gulf  of  Mexico,  and  coast  of  Africa. 


WASHINGTON,  August  16 th,  1824. 

SIR  :  It  has  been  intimated  to  you,  that  the  Grampus,  under  your 
command,  could  be  ordered  to  give  convoy  to  certain  vessels  from 
the  port  of  New  York  to  Carthagena,  but  on  a  reconsideration  of 
the  subject,  it  has  been  deemed  advisable  and  prudent  not  to  con- 
fine our  protection  to  particular  cases,  on  the  application  of  indivi- 
duals, but  to  make  it  of  a  general  nature,  formed  on  general  princi- 
ples, and  given  to  all  alike.  This  is  necessary,  to  guard  agninst 
any  infringements  of  the  rights  of  belligerents  as  regards  blockades 
and  contraband  of  war,  the  first  of  which,  is  in  no  case  to  be  violated, 
and  the  second,  is  never  to  be  protected.  Upon  these  principles, 
our  public  ships  should  never  give  convoy  to  our  merchant  vessels, 
to  the  ports  of  either  of  the  belligerents,  without  a  perfect 
knowledge,  that  they  had  no  contraband  articles  on  board,  nor  are 
they  ever  to  be  protected  against  a  blockading  force  when  warned 
off. 

Under  these  considerations,  you  will  sail,  in  execution  of  my 
orders  of  this  date,  taking  under  your  protection  such  vessels  as 
may  offer  for  convoy,  as  far  as  your  route  may  extend,  governing 
yourself  by  the  foregoing  general  principles,  and  the  orders  and 
instructions  heretofore  given. 

With  great  respect,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comd't  J.  D.  SLOAT,  U.  S.  Schooner  Grampus,  New  York. 


WASHINGTON,  August  16th,  1824. 

SIR  :  You  will  proceed  to  the  West  Indies  with  the  U.  States' 
schooner  Grampus,  under  your  command,  touching  at  St.  Bartholo- 
mews and  St.  Thomas,  and  remain,  until  further  orders,  in  the 
neighbourhood  of  these  places,  and  about  Porto  Rico,  for  the  pro- 
tection of  our  commerce,  with  such  of  our  small  vessels  as  may  be 


262 

ordered  there — some  piratical  acts  having  been  committed  in  the 
Sail  Rock  and  Mona  Passages,  you  will  endeavour  to  prevent  them 
in  future. 

In  the  duties  to  be  performed,  and  in  your  intercourse  with  for- 
eign officers,  you  will  be  governed  by  the  general  sailing  instruc- 
tions and  orders  heretofore  issued. 

Should  supplies  be  required  for  your  vessels,  before  my  arrival, 
you  will  make  application  to  Mr.  Furnace,  an  American  merchant 
at  St.  Thomas,  who  has  offered  to  furnish  them. 

The  schooner  Beagle,  Lieut.  Comdt.  Platt,  has  been  ordered  on 
the  same  service  with  the  Grampus.  You  will  make  to  me  fre- 
quent reports  of  your  proceedings,  directing  your  letters  to  Wash- 
ington, under  cover  to  the  Secretary  of  the  Navy. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Limit.  Comdt.  J.  D.  SLOAT. 


U.  S.  SHIP  JOHN  ADAMS,  Passage  Island,  Nov.  15th,  1824. 

SIR  :  After  you  have  landed  the  Pilot  at  St.  Thomas,  and  exe- 
cuted my  orders  of  this  date,  relating  to  the  men  in  confinement  at 
St.  Christophers,  you  will  return  to  St.  Thomas,  and  continue  your 
protection  to  our  commerce,  in  conformity  to  former  orders. 

It  has  bee  i  stated  to  me  by  American  merchants  at  St.  Thomas, 
that  large  amounts  of  American  property  are  frequently  passing 
from  that  place  to  the  coast  of  Comana  Caraccas  and  Pensacola,  for 
which  they  have  a?ked  protection.  You  will  afford  it  to  them  when, 
in  your  opinion,  it  can  be  done  advantageously  to  the  public  inter- 
est, and  you  are  authorized  to  carry  for  them  their  specie,  under 
former  regulations  and  restrictions. 

The  Beagle  will  continue  with  you  on  this  station,  and  you  will 
make  such  disposition  of  your  forces  as  will  be  most  beneficial  to 
the  interest  intrusted  to  you. 

Should  any  thing  of  importance  occur,  which  it  may  be  neces- 
sary that  I  should  be  informed  of,  you  can,  if  no  opportunity  offers  to 
Havana  or  Matanzas,  send  the  Beagle  with  your  communications  to 
Thompson's  Island. 

You  will  continue  to  procure  from  Mr.  Furnace,  for  your  vessel 
as  well  as  the  Beagle,  the  supplies  which  may  be  necessary  ;  but, 
in  doing  so,  you  will  observe  the  utmost  economy — payments  can  be 
made  as  heretofore,  by  drafts  on  the  Secretary  of  the  Navy. 

Should  any  supplies  be  required  at  St.  Bartholomews,  you  will 
obtain  them  from  Mr.  Bailey,  a  merchant  of  that  place,  who  has  of- 
fered to  furnish  them.  At  every  opportunity  you  will  inform  me 
of  your  proceedings. 

Your  obedient  servant,  (Signed)  D.  PORTER. 

Lieut.  Comdt.  J.  SLOAT,  U.  S.  schooner  Grampus, 


26S 

tf.  S.  SHIP  PEACOCK,  St.  Thomas,  March  3<J,  I8t3. 
SIR  :  You  will  proceed  with  the  Shark,  under  y.  u.    command, , 
accompanied  by  the  Ferret,  Terrier  and  Weazel,  down   the  south 
side  of  Porto  Rico,  acting  in  conformity  with  my  general  instruc- 
tions of  the  26th. 

Yoa  will  continue  to  cruise  in  the  neighbourhood  of  Aguadilla  at 
the  west  end  of  the  island,  detaining  until  my  arrival  there,  all  ves- 
sels which  may  have  committed  any  act  of  piracy  on  our  commerce. 
On  your  way  down,  give  the  coast  thorough  examination,  and 
look  into  Cat  Island. 

With  great  respect,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comdt.  MATTHEW  C.  PERRY,  Comd'g  U.  S.  tchooner  Shark, 


U.  S.  SHIP  PEACOCK,  at  Aguada.^  March  \\th,  1825, 

Sfa :  You  will  proceed  with  the  United  States  schooner  Shark 
under  your  command,  to  the  coast  of  Caraccas,  touching  at  Porto 
Cabello  and  Laguira,  to  ascertain  whether  there  are  any  interrup- 
tions to  our  commerce  in  that  quarter  ;  and  if  there  should  be,  you 
will  give  it  such  protection  as  may  be  in  your  power. 

By  an  official  despatch  from  the  Captain  General  of  Porto  Rico,  I 
am  informed  that  the  blockade  of  the  coast  of  Colombia  is  raised, 
except  against  munitions  of  war,  and  the  enclosed  copy  of  a  list  of 
privateers  fitted  from  Porto  Rico,  will  aid  you  in  identifying  the 
character  of  those  you  may  meet  with  in  your  cruize. 

From  thence  you  will  proceed  down  the  coast,  touching  at  the 
various  places,  wherever  it  may  be  found  necessary,  until  you  get 
to  La  Vera  Cruz,  in  which  neighbourhood  you  will'  remain  for  the 
protection  of  our  commerce,  until  it  may  be  necessary  for  you  to 
rejoin  me,  which  will  depend  on  your  provisions  and  supplies. 

If,  in  the  course  of  your  cruize,  you  should  find  persons  who  have 
money  to  send  to  the  United  States,  you  will  take  it  on  board,  agree- 
ing with  them  as  to  the  amount  of  freight ;  and  while  you  remain 
at  or  about  La  Vera  Cruz,  you  will  please  to  communicate  with  Mr. 
John  Mason,  in  Mexico,  who  is  Secretary  of  American  Legation 
there,  on  the  subject  of  monies  to  be  transported  to  the  United 
States,  giving  him  information  of  your  movements,  that  his  arrange- 
ments may  be  made  accordingly. 

On  leaving  La  Vera  Cruz,  you  will  proceed  to  Thompson's  Is- 
land for  my  further  instructions. 

i  should  wish  to  be  apprised  of  the  time  when  it  would  be  likely 
that  you  would  leave  La  Vera  Cruz,  sufficiently  early  for  me  to 
send  a  vessel  to  relieve  you. 

With  great  respect,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  M-  C.  PERRT. 


264 

SEA  Gcix,  Allenlon,  June  24th,  1823. 

SIR  :  You  will  proceed  off  Havana  with  the  schooner  Shark  un- 
der your  command,  and  there  offer  convoy  to  vessels  hound  to  the 
United  States  ;  from  thence  you  will  proceed  to  New  York,  there 
to  land  the  specie,  discharge  the  men  whose  times  are  out,  as  well 
as  those  who  have  but  a  short  time  to  serve,  and  to  cause  the  ne- 
cessary repairs  to  be  made  to  your  vessel,  with  all  expedition, 
that  she  may  return  to  this  station  with  the  least  possible  delay. 
With  great  respect,  your  ohedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  M.  C.  PERRY. 


SEA  GULL,  Allenlon,  June  24lh,  1823. 

SIR  :  Understanding  as  you  do,  my  views  with  regard  to  the  ser- 
vice to  be  performed  in  these  seas,  it  is  my  wish,  should  you  return  in 
the  Shark,  that  her  protection  to  the  commerce  of  the  United  States, 
on  her  way  here,  should  take  a  range  equal,  or  nearly  so,  to  the 
round  recently  taken  ;  but  should  her  commander  be  changed  for 
one  who  has  not  served  under  my  command  on  this  expedition,  it 
is  my  wish  that  she  should  return  here  by  the  shortest  route,  in 
order  that  I  may  give  him  his  instructions. 

Should  you  leave  the  Shark,  you  will  furnish  your  successor 
with  a  copy  of  this  letter  for  his  government. 

With  great  respect,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  M.  C.  FERRY. 

U.  S.  SHIP  PEACOCK,  Malanzas,  29th,  March,  1823. 

SIR  :  You  will,  with  the  United  States  schooner  Wild  Cat,  ac- 
companied by  the  Beagle,  remain  to  give  protection  to  the  Ameri- 
can commerce  in  this  quarter,  and  afford  convoy  every  Sunday,  as 
far  as  the  Double  Headed  Shot  Keys.  There  is  a  bay  to  the  wind- 
ward of  this  place,  and  around  Port  Yeacos,  called  Sequappa  Bay, 
which  has  been  the  resort  of  pirates  ;  I  wish  you  to  embrace  the  first 
opportunity  to  visit  it,  but  dont  let  your  visit  interfere  with  your 
convoy 

Any  supplies  that  may  be  wanted  for  the  two  schooners,  you  will 
obtain  through  the  agency  of  Mr.  L.  Adams,  a  merchant  of  this 
place  ;  you  will  be  careful  in  not  obtaining  any  but  such  as  may  be 
absolutely  necessary. 

Any  intelligence  you  may  receive,  of  sufficient  importance  to 
make  it  necessary  that  I  should  be  made  speedily  acquainted  with 
it,  you  will  convey  to  me  as  early  as  possible,  by  one  of  the  schoo- 
ners. She  will  find  me  at  Thompson  s  Island. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D    PORTER. 

Lieut.  Commandant  C.  W.  SKINNER,  U.  S.  schooner  Wild  Cat. . 


265 

SEA  GULL,  Matansat,  April  l&th,  1823. 

SIR  :  Proceed  with  the  Wild  Cat  and  Beagle,  to  give  convoy  from 
Havana  ne\t  Sunday  morning,  after  which,  go  to  Thompson's  Is- 
land, take  in  one  months  provisions,  and  return  to  Havana,  to  give 
convoy  every  Saturday.  Should  you  meet  the  Grey  Hound,  in- 
forui  the  commander  of  my  being  here,  and  my  wish  to  see  him. 
Very  respectfully  >  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  C.  W.  SKINNER. 


SEA  GPLL,  AUentan,  May  19 th,  1823. 

SIR  :  As  soon  as  you  are  relieved  by  the  Grey  Hound,  you  will 
fill  your  water  and  proceed  to  this  place  with  the  Wild  Cat  and 
Beagle,  that  they  may  undergo  the  necessary  repairs. 

(Signed)  D.  PORTER. 

Directed  to  Lieut.  Commandant  C.  W.  SKINNER. 


SEA  GULL,  Allenton,  June  HM,  1823. 

SIR  :  You  will  proceed  to  Havana,  and  deliver  the  letter  bag  of 
the  Wild  Cat  to  Messrs.  Castillo,  Black,  &  Co.  informing  them  you 
will  leave  there  for  the  United  States,  on  the  1st  of  July.  You  will 
then  offer  convoy,  proceed  to  Matanzas,  leave  a  letter  bag  with 
Messrs  Latting  &.  Co.  informing  them  you  will  sail  on  the  28th. 

You  will  offer  convoy  from  Malanzas — take  in  specie,  return  te 
Havana — take  in  specie  from  there  for  the  United  States,  and  re- 
turn here  for  further  orders,  leaving  Havana  on  the  1st  of  July. 
Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  C.  W.  SKINNER. 


NAVY  DEPARTMENT,  June  19/A,  1824. 

SIR  :  Circumstances  have  rendered  it  necessary  to  give  to  your 
cruize  a  direction,  which  was  not  intended  or  anticipated,  until 
within  two  or  three  days  past. 

You  will  receive  such  orders  from  Captain  Kennedy,  as  he  shall 
transfer  to  you,  relating  to  his  cruise  on  the  coast  of  Africa — and 
you  will  obey  them,  as  if  directed  to  yourself. 

On  Wednesday  next,  the  Rev.  Mr.  Gurley  will  leave  this,  and  on 
his  arrival  at  Norfolk,  you  will  receive  him  on  board,  and  proceed 
without  delay,  to  the  coast  of  Africa,  touching  at  Cape  Messurado, 
and  following  thence,  the  directions  in  your  orders.  It  will  proba- 
bly be  necessary  for  you  to  remain  at  the  Cape  eight  or  ten  days, 
in  order  that  Mr.  Gurley  may  accomplish  what  he  is  directed  to  do 
He  will  return  with  you  to  the  West  Indies,  where  you  will  report 
to  Commodore  Porter.  Mr.  Gurley  will  return  thence  to  the 
United  States,  by  the  first  opportunity. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

SAML.  L.  SOUTHARD. 

T'ieutenant  CHARLES  W.  SKINNER,  Commanding  U.  S,  schooner  Porpoite, 
Norfolk,  Va.i 

34 


266 

Gopy  of  a  Letter  from  Lieut.  C.  W.  Skinner,  commander  of  the  U.  S.  Schooner 
Porpoise,  enclosing  copies  of  the  correspondence  referred  to  in  the  lellert 

U.  S.  SCHOONER  PORPOISE,  .Malanzas,  24//i  October,  1824. 

SIR  :  I  have  the  honour  to  inform  you  that,  after  leaving  the  con- 
voy from  Havana,  I  stretched  in  for  this  port,  where  I  anchored  oa 
the  evening  of  the  18th.  On  inquiry,!  was  informed  no  piracies 
had  been  recently  committed  in  this  vicinity.  I,  however,  deter- 
mined tc  despatch  the  boats  secretly  from  the  harbour,  and  exam- 
ine the  adjacent  bays  and  inlets.  On  the  night  of  the  19th,  I  placed 
them  under  command  of  Lieut.  Hunter,  and  acting  Lieut.  Johnson, 
with  orders  to  examine  about  point  Yeacbs,  Sewappa  bay,  and  Cani- 
ri  >ra,  places  long  notorious  us  a  retreat  for  pirates.  On  the  evening 
of  the  22d,  Lieut.  Hunter  returned  with  a  piratical  schooner  of  one 
carriage  gun,  one  new  American  cutter,  and  two  other  boats  ;  one, 
having  three  men  on  board,  he  capiured  ip  Sewappa  bay.  Every 
appearance  justified  the  suspicion  of  piracy.  The  persons  informed 
Lieut.  Hunter  their  vessel  had  been  taken  by  armed  men  ;  the  boat 
they  were  in  given  in  exchange,  with  a  promise  of  returning  in  a 
few  days  and  restoring  their  vessel.  The  next  day,  off  Camrioca, 
Lieut.  Hnnter  discovered  a  suspicious  schooner  standing  to  sea,  in 
chase  of  a  vessel  in  sight  On  his  approach,  the  schooner  tacked, 
and  made  for  the  shore,  closely  pursued  by  the  boats.  The  crew 
abandoned  the  vessel,  and  fled  to  the  wood,  where  they  were  sought 
for  in  vain  ;  she  proved  to  be  a  pirate,  mounting  one  gun,  and  small 
arms.  From  the  number  of  nautical  instruments,  trunks  of  clothing, 
rigging,  and  sails,  with  three  sets  of  American  colours,  found  on 
board,  she  must  have  robbed  several  vessels.  From  stains  of  blood 
on  the  clothes,  and  other  articles  on  board,  I  fear  the  unfortunate 
persons  to  whom  they  belonged,  must  have  been  murdered.  No 
papers  were  discovered  which  could  lead  to  the  name  of  the  vessel 
or  vessels  captured  ;  several  articles  of  clothing  were  marked  "Cap- 
tain Shaw,  "  a  number  with  the  initials  "  A.  S  '  A  bag  on  board 
was  lettered  "brig  Morning  Star's  letter  bag.  "  One  waistcoat  con- 
tained in  the  pocket  a  printed  card,  "  Mr.  M.  Loris's  boarding  house, 
Charleston,  South  Carolina.  "  and  appeared  to  have  been  newly 
printed.  A  medicine  chest  on  board  was  put  up  in  New  York.  I 
h;ive  delivered  the  prisoners  to  the  Governor  of  Matanzas,  and  shall 
furnish  him  all  the  testimony  in  my  power  which  can  throw  light  on 
their  character.  The  schooner  I  sent  out  last  night,  under  com- 
mand of  acting  Lieutenant  Brown  in  hopes  of  decoying  some  of  her 
former  comrades.  I  sail  with  convoy  to-morrow,  and  after  joining 
the  prise  at  sea,  shall  proceed  to  Thompson's  Island  for  supplies, 
and  return  to  the  protection  of  commerce  on  this  coast.  1  trust, 
sir,  should  the  prize  be  sufficiently  fortunate  to  meet  with  pirates, 
1  shall  have  the  pleasure  to  give  a  satisfactory  account  of  .them. 

I  do  myself  the  honour  to  enclose  the  correspondence  relative  to 
the  capture  of  the  vessels  and  prisoners. 

I  have  the  honour  to  be,  respectfully,  sir,  your  ob't  servant, 

CH.  W.  SKINNER. 

To  th«  Hon.  SAMUEL  L.  SOUTHARD,  Sefy  of  the  Nary,  Washington  City, 


267 

U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  Dec.  22nd,  1824. 

SIR  :  You  will  proceed  to  Havana,  where  you  will  complete 
your  provisions  and  stores,  offer  convoy  to  vessels  bound  into  the 
Gulf  of  Mexico,  and  then  proceed  to  the  coast  of  Yucatan,  run 
down  to  Campeachy,  there  offer  convoy  aod  protection,  and  from 
thence  proceed  to  Alvarado,  La  Vera  Crux,  and  Tampico,  remain- 
ing in  the  neighbourhood  of  those  places  about  six  weeks,  giving 
protection  to  our  commerce,  and  governing  yourself  in  all  your 
proceedings,  by  my  General  Instructions  of  the  26th  of  Februa- 
ry, 1823. 

If,  in  the  course  of  your  stay  in  the  Gulf,  our  merchants  should 
have  specie  to  transport  from  one  port  or  place,  or  to  the  United 
States,  you  will  take  it  on  board  on  the  usual  freight  ;  taking  spe- 
cial care  that  nothing  like  illicit  shipments  are  made,  and  th$t  no- 
thing in  the  shape  of  public  advertisements  appear,  or  that  any 
thing  is  done  that  may  be  liable  to  misconstruction,  or  give  rise  to 
unfriendly  comments  ;  and  above  all,  that  your  vessel  is  not  made 
an  object  of  commercial  speculation  and  enterprize.  Nothing  in  the 
shape  of  merchandize  must  be  taken  on  board,  except  under  the  cir- 
cumstances provided  for  by  the  Act  for  the  better  government  of 
the  Navy.  Let  all  your  proceedings  in  these  respects  be  open — 
rnake'known  frankly  to  the  authorities  of  the  place  your  objects,  and 
let  your  conduct  be  such  as  to  remove  all  suspicions. 

In  the  transportation  ol  specie,  an  object  of  great  importance  to 
our  country,  we  have  a  delicate  duty  to  perform,  and  one  which 
many  believe  is  not  obligatory  on  us.  Confine  yourself,  however, 
strictly  to  your  orders,  and  no  remarks,  whether  publicly  or  pri- 
vately made,  need  cause  you  pain. 

After  receiving  the  specie  on  board,  proceed  with  the  convoy,  if 
any,  to  Havana,  where  you  will  await  for  further  orders. 

Respectfully,  your  obedient  servant, 

D.  PORTER. 

Lieut.  Commandant  CHAS.  W.  SKIXMER,  U.  S.  schooner  Porpoise. 


U.S.  SHIP  JOHN  ADAMS,  Norfolk,  Jan.  25th,  1824. 

SIR  :  When  the  U.  S.  schooner  Porpoise  shall  have  obtained 
a  new  crew,  and  received  the  necessary  repairs,  you  will  proceed 
with  her  to  the  coast  of  Africa,  continuing  along  Jthe  coast  in  the 
usual  track  of  slave-trading  vessels,  in  pursuance  of  the  general 
cruising  instructions,  and  the  acts  of  Congress  for  the  suppression 
of  the  slave  trade  and  capture  of  piratical  vessels  ;  copies  of  which, 
and  of  the  laws  relative  thereto,  you  have  enclosed. 

While  on  the  coast  you  will  touch  at  the  American  settlement  of 
free  coloured  people  ;  communicate  with  the  agent  of  the  Coloni- 
zation Society  ;  ascertain  the  state  and  condition  of  the  colony — giv- 
ing it  such  aid,  assistance  and  protection,  as  it  may  stand  in  need  of, 
and  be  in  your  power  to  furnish. 


268 

From  thence,  you  will  proceed  to  the  coast  of  Guinea,  and  thence 
in  the  route  usually  traversed  by  vessels  with  slaves,  which  is  mostly 
north  of  the  Antilles  and  the  Keys  to  Cuba.  You  will,  in  your 
route,  touch  occasionally  at  some  of  the  islands  of  the  West  Indies, 
to  obtain  news  of  piratical  vessels ;  proceed  to  Matanzas,  fill  your 
water,  and  repair  to  Thompson's  Island,  where  you  will  receive  my 
further  orders. 

Wishing  you  a  pleasant  and  successful  cruise,  I  am,  with  great 
respect,  your  obedient  servant,  D.  PORTER. 

Lieut.  Comd't  SKINNER. 

U.  S.  GALLI«T  SEA  GULL,  Havana,  Jan.  23rf,  1825. 

SIR  :  On  your  return  to  this  place,  from  the  Gulf  of  Mexico, 
should  you  have  upwards  of  one  hundred  thousand  dollars  on  board, 
for  the  United  States,  you  will  proceed  with  it  to  the  most  convenient 
port,  land  it,  take  in  the  necessary  supplies  for  your  vessel,  and  re- 
turn to  Thompson's  Island. 

Should  you  not  have  so  large  an  amount  on  board,  you  will,  after 
landing  it  here,  proceed  to  Thompson's  Island  for  further  orders. 

Very  respectfully,  (Signed)  D.  PORTER. 

Lieut.  Comdt.  C.  SKINNER,  U.  S.  schooner  Porpoise, 

SEA  GULL,  Port  Rodgers,  June  12/A,  1823. 

SIR  :  You  will  receive  herewith  eleven  letters  from  the  Captain 
General  of  Cuba,  to  the  military  governors  Taraco,  Bay  amor,  Gi- 
laca,  Batabano,  Puerto  Principe,  Jaqua,  Baracoa,  Halquin,  St.  Ju- 
an de  los  Retnedios,  Trinidad  and  Cuba,  and  one  from  me  to  the 
Admiral  at  Jamaica. 

You  will  proceed  with  the  United  States  schooner  Beagle  to  de- 
liver the  abovernentioned  letters,  and,  at  the  same  time,  keep  in 
view  the  suppression  of  piracy. 

It  is  my  intention,  on  your  return  to  this  place,  which  must  be 
within  two  months,  to  send  your  vessel  to  the  United  States.  You 
will,  therefore,  take  on  board  such  sums  of  money,  as  merchants 
may  wish  to  ship  in  her,  and  on  such  terms  of  freight  as  you  may 
think  proper  to  establish  with  them. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comdt.  JOHH  T.  NEWTON. 

SEA  GULL,  Port  Rodgers,  Sept.  1,  1823. 

SIR  :  On  your  way  to  the  United  States,  you  will  touch  at  Hava- 
na, and  deliver  the  accompanying  letters,  receive  such  letters  as 
the  merchants  may  wish  to  send  by  you,  and  should  specie  be  offer- 
ed by  them  for  the  United  States,  you  will  take  it  on  board  at  the 
usual  freight.  Very  respectfully,  your  obedient  servant, 

(Signed.)  D.  PORTER. 

lieut.  Comd't  JOHN  T.  NEWTON. 


269 

U.  S.  SHIP  JOHN  ADAMS,  Jan.  13,  1824. 

SIR:  You  will  proceed  to  sea  with  the  U.  3.  brig  i>p..rk  and 
schooner  Weazle,  under  your  command,  touch  at  St.  Bartholo- 
mews and  St.  Thomas's  for  information  ;  run  dowu  the  south  side 
of  Porto  Rico,  examine  the  Mona  passage  and  island  of  Nona — 
continue  down  the  south  side  of  St.  Domingo,  keeping  well  in 
shore  ;  ami  from  thence,  down  the  old  Straights  of  Bahama  to  Ma- 
tanzas,  where  you  will  land  Dr.  Anderson. 

There  have  been  two  armed  vessels  carried  off  by  their  crews 
lately,  one  a  ship  from  St.  Bartholomews,  belonging  to  the  Colom- 
bian Government,  the  other  a  brig,  belonging  to  Porto  Rico,  and 
they  have  both  turned  pirates. 

The  ship  was  called  the  Oronoke,  formerly  commanded  by  a 
Captain  Nutter,  but  ran  away  with  by  the  Boatswain's  mate,  (Wil- 
son, <m  Englishman,  with  black  hair  and  whiskers,  grey  eyes,  and 
a  long  narrow  face,)  and  sixty  of  her  crew. 

Part  of  the  officers  were  forcibly  carried  off  and  probably  mur- 
dered. She  is  a  black  ship  with  a  yellow  streak,  American  sharp 
built,  shews  sixteen  guns — low  in  the  water,  and  sails  fast ;  mast 
head  and  spars  painted  white. 

The  brig  was  called  the  Scipio,  and  was  carrried  off  by  sixty  of 
her  crew,  from  Margagues,  Porto  Rico.  It  is  said  she  has  plun- 
dered several  vessels  in  the  Mona  passage. 

Two  small  piratical  vessels,  sloop  rigged,  with  pivot  guns,  have 
lately  plundered  the  brig  William  Henry,  Capt.  Lester,  at  the 
Island  of  Mona,  where  it  is  stated  there  is  an  establishment  forag- 
ed, by  the  piratical  population  from  Porto  Rico,  and  it  has  been 
suggested,  that  it  would  be  the  most  certain  means  of  capturing 
and  destroying  them,  to  take  possession  of  and  destroy  all  the  boats 
that  can  be  found  there,  and  thus  cutting  off  their  retreat ;  of  this, 
you  can  better  decide,  when  you  get  there. 

It  is  said  they  are  well  armed,  and  supplied  with  provisions  and 
ammunition.  It  is  not  improbable,  that  you  will  find  plunder  depo- 
sited there  :  there  is  good  anchorage  on  the  west  side. 

After  you  leave  St.  Domingo,  send  the  Weazle  to  Jamaica,  with 
the  inclosed  letter,  for  Commodore  Sir  Edward  Owen  ;  from 
thence,  around  the  West  end. of  Cuba  to  Thompson's  Island,  to 
fill  up  your  provisions  ;  run  down  the  coast  of  Yucatan,  touch  at 
Campeachy,  and  there  offer  protection  and  convoy  to  our  vessels. 
After  executing  these  orders,  you  will  then  govern  yourself  by 
No.  2,  herein  inclosed. 

Very  respectfully,  your  obedient  servant, 

(Signed,)  D    PORTER. 

Lieut.  Comd't  JOHN  T.  NEWTON,  U.  S.  brig  Spark. 


U.  S.  SHIP  JOHN  ADAMS,  January  13,  1824. 

SIR  :  On  your  arrival  at  Campeachy,  and  after  obeying  my  orders 
No.  1  of  this  date,  you  will  proceed  to  Alvarado,  Tampico,  and  La 
Vera  Cruz,  at  one  of  which  places  you  will  in  all  probability  find 


270 

the  U.  S.  sch.  Shark,  Lt.  Com.  Stevens,  who  is  there  for  the  pur- 
pose of  protecting  the  commerce  of  the  United  States,  and  giving 
conveyance  to  specie  to  this  country. 

You  will  open  a  correspondence  with  two  of  the  agents  of  the 
Bank  of  the  United  States  now  in  Mexico,  Messrs.  Andrews  and 
Crawford,  and  regulate  your  movements  so  as  to  receive  on  board 
your  vessel  such  gums  of  money  in  any  of  the  ports  of  Mexico  ia 
the  Gulf  as  they  may  designate.  The  money  to  be  received  on 
deck,  and  in  parcels,  of  not  less  than  one  thousand  dollars, 'put  up 
in  good  substantial  boxes,  barrels,  kegs,  or  skins. 

The  money  received  from  them  is  not  to  include  any  other  than 
what  belongs  to  the  Bank  of  the  United  States,  except  on  the  usual 
terms  of  freight.  All  consignments,  therefore,  to  the  Bank,  and 
not  the  property  of  the  Bank,  are  to  be  taken  on  the  terms  usually 
given  by  merchants,  and  you  will  take  the  British  rule  for  your 
guide. 

When  you  shall  have  completed  your  freight,  you  will  repair  to 
Thompson's  Island  for  further  instructions.  It  is  presumed  that 
you  will  not  find  it  necessary  to  remain  in  the  Gulf  more  than  six 
weeks,  and  1  shall  endeavour  to  send  a  vessel  to  relieve  you  about 
the  1st  of  May  next. 

1  have  read  to  you  the  instructions  of  the  Hon.  Secretary  of  the 
Navy,  relative  to  transportation  of  treasures.  1  have  no  ap- 
prehension that  you  will  go  beyond  the  authority  given,  it  is  there- 
fore needless  to  make  any  further  communication  to  you  on  the 
subject.  1  will  merely  remark,  however,  that  none  of  the  vessels 
of  war  under  my  command  must,  on  any  account  whatever,  and  un- 
der any  inducement,  be  used  for  the  purposes  of  commercial  ad- 
venture. You  can  carry  the  treasures  of  our  citizens  from  one 
port  or  place  to  another,  and  you  can  take  it  to  the  United  States  ; 
but  nothing  in  the  shape  of  public  advertisements  must  appear,  and 
in  all  your  intercourse  with  the  authorities  of  the  places  you  may 
visit,  make  frank  acknowledgments  of  the  motives  which  brought 
you  there.  Let  all  your  transactions  in  this  respect  be  open  and 
not  liable  to  misapprehension.  Nothing  whatever  in  the  shape  of 
clandestine  shipments  must  be  countenanced. 

For  the  information  of  the  Government,  you  will,  on  joining  me, 
report  to  me  the  amount  of  treasures  on  board  your  vessel,  where 
taken  from,  where  destined,  and  the  circumstances,  terms  and  con- 
ditions, on  which  yon  have  taken  them. 

Should  I  leive  Thompson's  Island  before  your  arrival  there,  I 
shall  leave  orders  for  you.  Should  1  send  one  of  the  small  schoon- 
ers to  assist  in  the  performance  of  your  duties,  you  will  enjoin  on 
her  commander  the  precautions  to  be  observed  in  taking  on  board 
sppcie. 

During  your  stay  in  the  Gulf,  as  well  as  on  your  passage  out  and 
home,  vou  will  seek  every  occasion  to  give  protection  to  the  per- 
sons and  property  of  the  citizens  of  the  United  States. 


271 

Wishing  you  a  pleasant  and  a  profitable  voyage,  I  am,  sir,  very 
respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lt.  Com.  JNO.  T.  NEWTON,  U.  S.  Brig  Spark. 


WASHINGTON,  July  12th,  1824. 

SIR  :  Understanding,  from  information  communicated  to  me  by 
the  Secretary  of  the  Navy,  that  the  brig  Spark,  under  your  com- 
mand, has  arrived  at  the  quarantine  ground,  New- York,  you  are 
hereby  required  to  have  her  got  in  readiness  for  sea  as  soon  as 
practicable,  and  it  is  hoped  ?he  will  be  ready  to  sail  about  the  tnid- 
die  of  August.  Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Com.  JNO.  T.  NEWTON. 


U.  S.  SHIP  JOHN  ADAMS,  dprilZTih,  1824. 

SIR  :  After  landing  what  money  you  may  have  on  board  for  Ha- 
vana, you  will  proceed  to  New- York,  with  such  as  you  may  have 
in  for  the  United  States,  and  as  soon  after  the  delivery  of  the  same 
as  possible,  you  will  return  to  Thompson's  Island,  touching  on  your 
way  at  St.  Barts,  St.  Thomas,  and  Matanzas.  Should  you  find  no 
orders  here,  you  will  proceed  to  the  Gulf  of  Mexico,  and  act  in 
conformity  with  the  course  prescribed  to  you  in  my  letter  of  Janua- 
ry 13th,  1824,  No.  2.  Very  respectfully,  your  obedient  servant, 
(Signed,)  D.  PORTER. 

Lieut.  Com.  JNO.  T.  NEWTON. 


U.  S.  SHIP  PEACOCK,  Allenion,  April  I2lh,  1823. 
SIR  :    The  two    schooners,   the  Terrier   and  Ferret,   are  to 
be  got  ready  for  sea  as  soon  as  possible,  and  so  soon  as  Captain 
Cassin  returns  from  his  cruise,  you  will  proceed  with  them  to  Cape 
Antonio,  and  remain  in   the  neighbourhood  of  that  place,  until  a 
renewal  of  your  supplies  makes  your  return  here  necessary. 
Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comd't  R.  M.  ROSE,  U.  S. 


U.  S.  S.  GALLIOT  SEA  GULL,  Malanzns,  May  4f«>  1823. 
.SiR  :  You  will  proceed  to  sea  with  the  two  schooners,  and  give 
convoy  as  far  as  the  Double  Headed  Shot  Keys,  if  necessary,  thence 
to  Key  Sal,  then  across  to  the  Keys  to  the  windward  of  Point  Yeacos, 
down  the  coast  of  Cuba  to  Cape  Antonio  around  to  Trinidada,  on 
the  south  side,  and  if  your  provisions  will  hold  out,  and  there  should 
be  no  necessity  for  your  continuance  in  that  neighbourhood,  you  will 
r»ake  the  circuit  of  Cuba,  returning  to  Thompson's  Island  by  th^- 


272 

4 

way  of  the  old  Straights  of  Bahama,  giving  every  suspicious  place 
a  thorough  examination.     With  great  respect,  your  obedient  serv't, 

(Signed)  D.  PORTER. 

Lieut.  Comd't  R.  M.  ROSE. 

Lieutenant  Commandant  R.  M.  ROSE  : 

There  has  been  a  report  of  piracy  at  or  near  Keytaca.  Captain 
Rose  will  proceed  there  and  ascertain  the  grounds  of  the  report, 
taking  \vith  him  the  Midge  under  the  command  of  Lieut.  Boughen, 
and  act  according  to  circumstances. 

It  will  be  desirable  to  proceed  to-night  or  to-morrow  morning5 
early,  and  to  work  up  inside  the  reef. 

(Signed.)  D.  PORTER. 

SEA  GULL,  Port  Rodger  t,  June  18,  1823. 

SEA  GULL,  Allenlvn,  July  1,  1823. 

SIR:  You  will  proceed  to  Havana,  land  the  two  Spaniards,  deli- 
ver to  the  Captain  General  the  accompanying  package,  and  offer  to 
bring  over  any  claimant  of  the  detained  property  who  may  wish  to 
come. 

You  will  place  the  letter  bag  of  the  Terrier  in  the  Counting 
House  of  Messrs.  Castillo,  Black,  &  Co.  informing  them  you  will 
leave  there,  for  the  United  States,  on  the  15th  of  July. 

You  will  there  offer  convoy  ;  proceed  to  Matanzas.  leave  a  letter 
bag  with  Messrs.  Latting  &.  Co.  informing  them  you  will  sail  on 
the  12th. 

You  will  offer  convoy  from  Matanzas  ;  take  in  specie  ;  return 
to  Havana  ;  take  in  specie  from  there,  and  return  here  for  further 
orders,  leaving  Havana  on  the  15tb  of  July. 

With  great  respect,  vour  obedient  servant, 

(Signed,)  "  D.  PORTER. 

Lieut.  Comd't  R.  M.  ROSE. 


SEA  GULL,  Port  Rodgers,  July  13th,  1823. 

(Extract.) 

SIR  :  You  will  proceed  to  prepare  the  Weazelfor  a  cruise,  with 
all  despatch.  (Signed)  D.  PORTER. 

Lieut.  Corndt.  BEVERLY  KEWNON. 


SEA  GULL,  Port  Rodgers,  July  19,  1823. 

SIR  :  When  the  Weazel  shall  be  ready  for  sea,  you  vvill  proceed 
to  cruise  for  two  weeks  on  the  coast  of  Cuba  between  Havana  and 
Cape  Antonio,  at  the  expiration  of  which  time,  you  will  return  to 
this  place.  Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comdt.  B.  KEKNOJV. 


SEA  GULL,  Port  Rodgers,  July  25,  1823. 

SIR  :  I  have  directed  Lieut  Comdt.  Ritchie,  who  is  cruising  ofl 
Havana,  to  place  himself  and  vessel  under  your  command. 


273 

You  can  exercise  your  own  discretion,  whether  to  cruise  to  lee- 
ward or  to  windward  of  Havana. 

It  is  my  intention  to  send  you  home,  and  that  you  shall  leave  Ha- 
vana for  this  place   on  the  15th  of  August.      You  can,  therefore, 
leave  a  lettering  with  Messrs.  Castillo,  Black  and  Co.  calling  for  it 
on  your  return  from  your  cruise,  and  taking  on  board  specie,  if  any 
offers,  for  the  United  States,  at  2  1-2  per  cent,  freight. 
From  Havana,  you  will  proceed  here  for  further  orders. 
Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comilt.  B.  KEMNON. 

SEA  GULL,  Port  Rodgert,  August  14,  1823. 

SIR  :  You  will  proceed  to  Washington  City  with  the  United 
States'  schooner  Weazel,  reporting  her  arrival  to  the  Honourable 
Secretary  of  the  Navy,  for  such  changes  In  the  officers  as  may  be 
necessary,  and  to  fill  up  the  crew — those  being  the  objects  of  send- 
ing her  home.  When  the  necessary  changes  have  been  completed, 
she  is  to  return  to  this  place  by  the  way  of  Crooked  Island,  or  Cau- 
cus Passages,  running  down  the  Old  Straights  of  Bahama,  touching 
at  Baracoa  and  Matanzas,  shewing  yourself  off  Havana,  and  giving 
the  whole  coast  a  thorough  examination. 

It  is  extremely  desirable,  that  no  unnecessary  delay  should  take 
place  in  the  United  States,  as  the  services  of  the  Weazel  wilb  be 
wanted,  and  any  delay  will  prevent  my  carrying  into  effect  the  ar- 
rangement of  the  periodical  sailing  of  vessels  from  here. 

I  should  presume  that  the  vessel  might  leave  the  United  States 
to  return  to  her  station,  in  one  week,  from  the  time  of  her  arrival  j 
and,  if  you  leave  her,  whoever  may  be  your  successor,  I  wish  you 
to  impress  this  on  his  mind,  giving  him  a  copy  of  this  order. 

In  case  you  resign  the  command,  there  is  no  absolute  necessity, 
should  any  difficulty  occur,  in  sending  a  commander  in  her,  as  Mr. 
Randolph  can  bring  her  out,  and  the  command  can  then  be  given  to 
one  of  the  old  Lieutenants  on  the  station,  some  of  whom  are  entitled 
to  her. 

With  the  assurances  that  it  will  ever  afford  me  pleasure  to  be 
associated  with  you  on  duty,  please  to  accept  my  best  wishes  for  a 
speed)  and  pleasant  passage,  and  a  happy  sight  of  your  friends. 

Very  respectfully,  your  obed't  eerv't,    (Signed)  D.  PORTER. 

Lieut.  Cornell.  BEVERLY  KEHNON. 


NAVY  DEPARTMENT,  7lh  Dec.  1822. 

SIR  :  Soon  as  the  U.  S.  schooner  Grampus  shall  be  complete- 
ly equipped  for  sea,  proceed  direct  to  the  Havana,  and  resume  your 
former  cruise  about  the  Island  of  Cuba,  for  the  suppression  of  pi- 
racies, under  your  former  instructions.  John  Warner,  Esq.  Con- 
sul for  the  port  of  Havana,  has  permission  to  embark  on  board,  to 
be  landed  at  Havana.  I  am.  respectfully,  &c. 

(Signed,)  SMITH  THOMPSON. 

Ct.  Com.  F.  H.  GREGORY,  Comm'g  U.  S.  Sch.  Grampus,  Jf.  York. 

35 


274 

i 

U.  S.  GALLIOT  SEA  GULL,  Allenton,  May  16th,  1823. 
SIR  :  So  soon  as  you  receive  this,  you  will  repair  to  this  place, 
where  the  services  of  the  Grampus  are  much  wanting. 
Very  respectfully,  your  ob't  serv't, 

(Signed,)  D.  PORTER. 

Lt.  Cora.  F.  H.  GREGORY. 


SEA  GULL,  Port  Rodgers,  June  13*/i,  1823. 

SIR:  So  soon  as  the  Grampus  shall  be  ready  for  sea,  you  will 
proceed  to  Matanzas,  taking  with  you  the  barge  Gnat,  for  the  pur- 
pose of  giving  to  our  commerce  there  all  the  protection  in  your 
power  against  piracy,  until  you  are  relieved. 

It  will  be  well  to  vi?it  occasionally  the  bye  places  between  Point 
Eycaco,  Cayo  Blanco,  and  Havana,  if  you  can  do  so  without  leaving 
our  merchant  vessels  unprotected. 

You  will  be  governed  in  the  performance  of  your  duties  by  my 
general  instructions  of  the  26th  of  February. 

Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER 

Lt.  Com.  F.  H.  GREGORY. 


Lieutenant  Commandant  Gregory  to  Commodore  Porter. 
U.  S.  SCHOOXKR  GRAMPUS,  Thompson's  Island,  July  3rd,  1823. 
SIR  :  I  have  the  honour  to  inform  you,  that  this  vessel  sailed  from 
the  Balize,  on  the  24th  of  April,  with  a  convoy  for  Tolasco,  where 
she.  arrived  on  the  1st  of  May.  Sailed  thence  again  on  the  6th, 
with  convoy,  towards  Vera  Cruz;  parted  with  the  convoy  on  the 
9th,  aad  arrived  at  Campeachy  on  the  13th,  where  I  received  infor- 
m  tion  of  several  piracies  committed  upon  the  merchant  vessels  of 
the  United  States;  and  that  the  coast  of  Yuqatan,  from  Cape  Catouche 
to  Lagona,  was  then  infested  by  several  gangs  of  pirates,  who  had 
been  guilty  of  every  atrocity  imaginable.  Finding  there  were  a 
very  considerable  number  of  merchant  ships  at  the  several  ports 
upon  that  coast,  unprotected,  and  others  arriving  almost  daily,  I  con- 
tinued thereabouts  until  the  25th  of  June,  scouring  the  coast  up  and 
down  ;  and,  occasionally,  when  any  information  was  had,  which  of- 
fered the  least  chance  of  detecting  those  villians,  the  boats  were 
employed,  and  sometimes  were  sent  along  the  coast  twenty  and  thir- 
ty leagues  from  the  vessel.  On  the  22nd  of  May,  I  chased  a  schoon- 
er ashore  to  windward  of  Sisal,  which  I  have  no  doubt,  was  a  pirate, 
from  his  appearance  and  conduct  ;  as  it  was  in  the  night,  and  upon 
a  part  of  (he  coast  where  I  was  not  sufficiently  acquainted,  and  blow- 
ing fresh  upon  the  shore,  I  had  not  an  opportunity  of  completing  his 
destruction.  On  the  llth  of  June,  I  seized  a  suspicious  vessel  in 
the  harbour  of  Campeachy,  and  resigned  her  to  the  authorities 
there,  on  that  account.  This  last  vessel  had  just  come  from 
New  Malaga,  or  Vigia  de  Chiguila,  a  little  to  the  windward  of  Cape 
Catouche,  where  the  pirates  have  a  very  considerable  establish- 
ment, and  came  down  to  Campeachy  for  the  purpose  of  procuring 


275 

stores  for  a  vessel  then  preparing  for  n  cruise.  Two  seamen,  who 
had  been  held  as  prisoners  at  New  Malaga,  informed  me  that  this 
gang  were  sometimes  a  hundred  and  upwards  in  number;  that  they 
held  possession  of  a  small  fort,  having  two  twenty-four  pounders  ; 
and  that  an  officer,  named  Molla,  who  had  been  placed  there  by  the 
government,  had  joined  them.  This  was  corroborated  by  the  au- 
thorities at  Campeachy,  who  requested  me  to  land  and  destroy  the 
place.  The  pirates  issue  from  their  post  in  barges,  small  vessels, 
and  in  canoes,  hover  along  the  shores,  enter  the  harbours,  murder 
and  de-troy  almost  all  that  fall  in  their  power.  On  the  3d  of  June, 
the  American  schooner  Shibbolit,  Captain  Perry,  of  New-York,  be- 
ing then  ready  for  sea,  was  boarded  by  a  canoe,  having  fourteen  of 
those  villian*  on  board  ;  the  watch  was  instantly  murdered,  eight 
others  of  the  crew  were  put  in  the  forecastle,  the  hatch  spiked 
down,  a  ton  or  more  of  log-wood  put  over  it,  the  head  sails  set,  the 
wind  off  shore,  and  fire  put  to  the  vessel  in  the  cabin.  By  the  most 
extraordinary  exertions,  these  men  broke  out  in  time  to  save  their 
lives.  I  arrived  while  the  vessel  was  burning  down.  The  same  canoe 
then  proceeded  to  windward,  and  two  days  afterwards,  took  the 
schooner  Augustus  and  John,  off  Sisal,  and  burnt  her,  having  turned 
the  crew  adrift  in  a  small  boat,  with  every  probability  of  their  per- 
ishing. The  people  of  the  country  were  much  exasperated,  and 
turned  out  to  bunt  them  from  their  shores. 

A  party  of  dragoons  having  met  them,  a  skirmish  ensued,  where- 
in the  captain  of  dragoons,  and  several  of  his  men,  were  killed,  and 
the  pirates,  taking  to  their  boats,  escaped.  One  of  the  seamen  I 
mentioned  as  having  been  amongst  them,  stated,  that  he  belonged  to 
an  English  schooner  from  New  Providence,  called  the  Flyer  ;  that 
the  crew,  with  the  exception  of  himself,  were  instantly  butchered. 
He  was  detained  by  them  about  two  months,  during  which  time  they 
had  c.iptured  nine  vessels,  some  of  which  were  brought  in,  but  the 
principal  part  destroyed  ;  and,  in  som^  instances,  he  was  certain  that 
the  whole  crews  vvere  murdered  When  he  left  the  place,  (about 
twnnty  days  since)  they  had  a  Guineaman,  with  two  hundred  slaves, 
and  a  large  quantity  of  ivory  ;  two  small  schooners,  Americans. 
And  an  English  cutter  informed  me,  that  the  pmite*  had  a  direct 
and  uninterrupted  intercourse  with  Havana,  by  means  of  small 
coasting  vesseU  that  ran  regularly  to  the  ports  on  the  coast,  and  al- 
ways touched  at  New  Malaga.  Frequently,  some  of  them  would  go 
up  to  the  Havana,  and  others  of  the  gang  come  down. 

That  this  infernal  horde  of  villians  have  established  themselves  at 
New  Malaga,  I  have  no  doubt ;  and,  from  the  .information  given  me 
by  men  of  the  first  respectability  at  Campeachy,  Sisal,  and  other 
places  on  the  coast,  I  believe  the  pirates  have  been  guilty  of  all  the 
acts  as  herein  stated. 

I  have  the  honour  to  be,  very  respectfully,  your  most  ob't  serv't, 
FRANCIS  H.GREGORY,  Lieut'.  Com   U.S.  Navy. 

C  om.  DAVID  PORTER,  Com.  U.  S,  Naval  Forces,  West  India  Station. 


276 

SEA  GULL,  Port  Rodgers,  July  4lh,  1823. 

SIR  :  You  Will  proceed  fo  or  near  Key  Vacas,  in  search  of  an 
armed  schooner  called  the  Centilla,  and  sailing  under  the  Colombian 
flag,  which  has  lately  captured  and  sent  to  that  place  several  Span- 
ish vessels,  which  have  been  perfectly  wrecked  there,  and  the  car- 
goes sold. 

,  On  meeting  said  vessel,  you  will  require  her  commander  to  come 
with  her  to  this  place,  and  should  he  refuse  to  do  so,  you  will  take 
possession  of  her,  and  bring  her  in.  The  Captain  of  the  Centilla 
claims  for  her  the  character  of  a  national  vessel.  It  is  therefore 
desirable  that  no  violence  should  be  used,  if  it  is  possible  to  avoid 
it,  as  1  can  have  no  disposition  or  wish  to  offer  any  insult  whatever 
to  the  officers  or  flag  ot  any  nation  in  amity  with  the  United  States. 
But  as  the  conduct  of  the  officers  and  crew  of  the  Centilla  has  been 
such  as  to  produce  doubts  as  to  her  real  character,  and  as  they  have 
disregarded  and  violated  the  neutral  character  and  laws  of  the  Uni- 
ted States,  and  by  the  wrecking  on  our  coast,  and  selling  of  prizes 
before  condemnation,  committed  piracy,  the  flag  of  Colombia  must 
not  protect  them.  The  Centilla  must  be  brought  in  here,  and  such 
of  her  crew  and  prizes  as  you  may  fall  in  with. 

Force  is  only  to  be  used  in  the  last  resort,  and  when  every  other 
means  have  failed  But  if  necessary,  it  must  be  used  until  she  submit. 

Lieut.  Rodgers,  of  the  Marines,  can  give  you  any  information 
respecting  her,  and  if  you  learn  from  that  she  has  left  the  Coast, 
you  will  return  to  this  place. 

Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER, 

CommandinK  U.  S.  Naval  forces  in  the  West  Indies  and  Gulf  of  Mexico. 
Lieut.  Com.  F.  H.  GREGORY,  Comm'g  U.  S.  Sc/i.  Grampus. 

PORT  RODGERS,  Thompsons  Island,  September  16/A,  1823. 

SIR  :  On  your  arrival  here,  you  will  set  all  the  carpenters  vou 
can  muster,  at  work,  on  the  house  building  for  the  marine  officers  ; 
you  will  take  the  brig,  fitting  for  an  Hospital,  and  moor  her  care- 
fully and  securely  at  the  upper  part,  and  on  the  east  side  of  the 
Harbour. 

You  will  use  for  this  purpose,  one  of  the  chain  cables  and  an- 
chors on  shore  (she  has  a  chain  and  anchor  on  board)  after  which, 
you  will  please  to  finish  her  by  laying  her  birth  deck  and  laying  a 
tier  of  cribs  above  and  below  on  each  side  amidships,  and  finishing 
off  with  rough  boards  a  snug  cabin,  for  the  commander  and  sur- 
geon, and  closing  her  in  all  around  on  the  outside  with  the  same, 
leaving  sufficient  openings  for  ventilators,  and  for  hoisting  things  in 
by  fore  and  main  yards  ;  then  all  the  new  work  must  be  white 
washed. 

i    The  hull  of  the  brig  is  to  be  painted   pretty  much  as  it  is  now  : 
thi«  will  take  you  about  a  fortnight  or  three  weeks. 

The  barges  are,  however,  in  the  first  place,  to  be  hauled  up 
*nd  carefully  housed,  and  Mr.  Platt  is  to  take  care  of  all  the  barg«- 


277 

men,  until  the  arrival  of  the  Hornet,  when  he  will  join  her,  with 
all  of  his  officers  and  men. 

After  you  have  performed  these  duties,  you  will  proceed  to  Cam- 
peachy,  La  Vera  Cruz  and  Tampico,  for  the  protection  of  our 
commerce,  for  six  weeks  or  two  months,  and  receive  on  board,  all 
monies  which  may  offer  you,  the  destination  of  which  is  to  the 
United  States.  You  will  proceed  to  Norfolk  with  it,  where  you 
will  report  to  me  at  Washington. 

You  will  touch  at  this  place  on  your  way  home,  as  there  is  a 
possibility  of  my  being  here  again  by  that  time. 

While  you  are  here,  let  your  Surgeons  give  all  the  aid  in  their 
pxwer.  Very  respectfully,  your  obedient  servant, 

D.  PORTER. 

Lieut.  Corad't  F.  H.  GREGORY. 

U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  Jan.  28/7i,  1824. 
SIR  :  You  will  proceed  down  along  the  Colorados  reef  in  search 
of  the  two  barges,  Gallinipper  and  Diabletta,  as  far  a«  Cape  An- 
tonio, and  should  you  meet  them,  you  will  deliver  to  the  officer  in 
command  of  them,  the  enclosed  orders,  for  their  return  to  this 
place,  after  which,  you  will  return  to  Matanzas,  for  the  purpose 
of  giving  protection  to  our  commerce  there,  in  conformity  with 
my  former  instructions.  Very  respectfully, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  McKEEVER. 


WASHINGTON,  Aug.  llth,  1824. 

SIR  :  As  soon  as  the  U.  S.  Steam  Galliot  Sea  Gull  shall  have 
completed  her  repairs,  and  be  in  every  respect  ready  for  sea,  you 
will  proceed  with  her  to  New  York,  there  to  wait  my  further 
orders.  Very -respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Commandant  ISAAC  MCJKEEVER,  New  York. 

WASHINGTON,  Oct.  Z0(h,  1824,. 

SIR  :  You  will  proceed  with  the  U.  S.  Galliot  Sea  Gull,  under  your 
command,  as  speedily  as  possible,  to  Matanzas,  for  the  protection  of 
our  commerce  there,  and  thence  to  Thompson's  Island,  where  yon 
will  report  yourself  to  the  senior  officer  on  the  station,  for  further 
instructions.  Very  respectfully, 

(Signed,)  D.  PORTER. 

Lieut.  Commandant  MCKEEVER. 

U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  Jan.  5th,  1825. 
SIR  :  You  will  leave  Lieut.  Bell  in  charge  of  the  duties  which 
have   been  assigned  to    you,  in   the  neighbourhood  of  Matmzas, 
with  the  two  small  schooners  and  the  barges,  and  you  will  proceed 
with  the  Sea  Gull  to  this  place,  touching  at  Havana. 


278 

You  will  please  to  bring  with  you  all  the  letters  and  newspapers 
for  myself  and  the  officers  here,  and  if  Col.  John  Mifflin  of  this 
place,  and  now  at  Havana,  should  wish  to  come  over  with  you,  I 
will  thank  you  to  give  him  a  passage. 

Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Comd'tl.  MCKEEVER. 


U.  S.  SHIP  JOHN  ADAMS,  January  13/A,  1824. 

SIR  :  On  receiving  your  provisions  and  water  at  Thompson's  Is- 
land, after  parting  with  the  Spark,  you  will  proceed  to  the  Coast  of 
Yucatan,  running  down  the  Coast  from  Cape  Cartouche  to  Cam- 
peachy  ;  look  in  at  Campeachy  ;  then  proceed  to  Alvarado,  La 
Vera  Cruz,  and  Tampico,  at  one  of  which  places  you  will  find  the 
U.  S.  biig  Spark,  Lieut.  Com.  Newton,  who  will  be  there  for  the 
purpose  of  giving  protection  to  our  commerce,  and  the  conveyance 
of  specie  to  the  United  States. 

If  it  is  found  that  you  can  be  advantageously  employed  in  these 
duties,  Lieut.  Coin.  Newton  will  be  instructed  to  employ  you 
there,  and  if  not,  to  send  you  back  to  Thompson's  Island. 

Very  respectfully,  your  obedient  serv't,  D.  PORTER. 

Lieut.  Com.  JOHN  P.  ZANTZIA-GER,  U.  S.  Sch.  Weasel. 


WASHINGTON,  July  13th,  1824. 

SIR  :  I  have  received  your  communication  of  the  12th,  which  is 
satisfactory 

There  is  an  absolute  necessity  tor  your  return  to  the  West  In- 
dies immediately  .  Your  orders  will  therefore  be  issued  to-morrow. 

Very  respectfully,  your  obedient  servant,  D.  PORTFR. 

Lieut.  Com.  JOHN  I'.  ZA.NTZIXGKR. 


WASHINGTON,  July  14th,  1824. 

SIR  :  You  will  proceed  to  the  West  Indies,  touching  at  St.  Bar- 
tholomews, St.  Thomas,  and  running  down  the  south  side  of  Porto 
Rico  and  Cuba,  touching,  if  necessary,  at  Jamaica,  examining  for  pi- 
rates, and  offering  convoy  and  protection  to  the  property  and  per- 
sons of  our  citizens,  according  to  my  general  instructions. 

You  will  then  proceed  around  Cape  Antonio  to  Thompson's  Is- 
land, where  you  will  fill  up  your  provisions,  and  proceed  thence  to 
the  port  of  Havana,  and  offer  convoy  to  the  Gulf  of  Mexico,  run- 
ning down  the  Coast  of  Yucatan,  touching  at  Camp%eachy,  Alvarado, 
La  Vera  Cruz,  and  Tampico,  giving  all  the  protection  in  your  pow- 
er to  our  commerce. 

If,  in  the  course  of  your  cruise,  our  citizens  should  wish  specie 
carried  from  one  port  or  place  to  another,  you  can  take  it  on  board 
under  the  restrictions  formerly  laid  down  to  you,  and  on  your  arri- 
val in  the  Gulf,  if  there  should  be  any  considerable  quantitv  to  be 
taken  to  New-Orleans,  you  can  proceed  there  with  it  under  like  in- 


279 

structions.  If  it  should  be  the  opinion  of  the  merchants  at  New 
Orleans,  or  the  commanding  naval  officer,  that  the  Weazel  can  be 
use!  -lly  employed  between  Tampico  and  that  port,  you  can  remain 
there  six  months,  reporting  to  me  from  time  to  time  ;  but  if  not, 
you  will  return  with  specie  to  the  United  States,  touching  at  Havana 
and  Thompson's  Island  for  orders. 

In  the  whole  of  your  cruise,  do  not  lose  sight  of  the  main  ob- 
ject, the  protection  of  the  property  and  persons  of  our  fellow  citi- 
zens. Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Com.  JNO.  P.  ZANTZINGER. 


SEA  GULL,  Port  Rodgers,  August  10,  1823. 

SIR  :  You  will  proceed  with  the  U.  S.  Brig  Spark,  under  your 
command,  off  Havana,  where  you  will  offer  convoy,  and  after  the 
vessels  shall  be  well  off  from  the  land,  you  will  run  down,  examin- 
ing the  Coast  to  Cape  Antonio,  thence  aroui.d  the  south  side  of  Cu- 
ba to  the  Isle  of  Pines  and  Trinidad,  where  you  will  offer  protec- 
tion and  convoy. 

Should  there  be  information  of  pirates  in  that  neighbourhood  that 
will,  in  your  opinion,  make  your  stay  there  necessary,  you  will 
continue  to  cruise  about  there  for  a  reasonable  length  of  time  ;  you 
then  will  proceed  to  windward,  examining  the  coast  to  Cape  Cruz, 
where  it  is  probable  there  are  pirates  of  which  Lt.  Com.  Kearney 
will  give  you  particular  information.  These  you  will  endeavour 
to  capture,  and  put  to  route,  giving  the  place  a  thorough  examina- 
tion. 

From  Cape  Cruz  proceed  to  St.  Jago  de  Cuba,  and  there  offer 
protection  and  convoy,  remaining  in  the  neighbourhood  of  the 
place,  as  long  as  in  your  judgment  your  presence  may  be  required. 

From  thence  continue  your  cruise  to  the  east  around  Cape  Mayzi, 
thence  down  the  north  coast  to  Baracoa,  there  offering  protection 
and  convoy,  and  exercising  your  judgment,  as  to  the  period  of  your 
stay  about  there. 

Continue  to  examine  the  coast  from  thence  down  to  Matanzas, 
through  the  Old  Straights.  At  Matanzas  you  will,  if  necessary,  fill 
up  your  water  and  offer  convoy,  then  proceed  off  Havana,  offer 
convoy,  and  return  to  this  place. 

Throughout  your  course  you  will  endeavour  by  every  means  in 
your  power  to  preserve  the  health  of  your  crew,  by  avoiding  in- 
fected places,  by  great  attention  to  their  comfort  and  cleanliness, 
and  by  preventing  unnecessary  exposure. 

The  object  of  the  course  being  the  suppression  of  piracy  and  the 
slave  trade,  reference  as  your  guide  in  the  performance  of  these  du- 
ties, is  to  be  had  to  my  general  instructions,  of  the  26th  February 
last.  Very  respectfully,  your  obedient  servant, 

(Singed,)  D.  PORTER. 

Lt.  Com.  12,  R.  SnuBRirK.  Brig  Spark. 


280 

WASHINGTON,  October  29, 1823. 

SIR  :  When  you  shall  have  performed  the  duties  required  of  you, 
by  ray  instructions  of  the  you  will  proceed  to  the  coast  of  Yuca- 
tan, running  down  toward  Campeachy,  thence  to  La  Vera  Cruz 
and  Tampico,  giving  such  protection  as  may  be  in  your  power  to 
the  commerce  and  citizens  of  the  United  States,  against  unlawful 
interruptions. 

Should  merchants  and  others  have  specie  to  transport  to  the 
United  States,  you  will  take  it  on  board,  proceed  to  the  port  most 
convenient  for  their  purpose,  touching  on  your  way  at  Thompson's 
Island,  Havana  and  Matanzos,  for  orders  ;  and,  in  the  event  of  not 
receiving  any,  you  will,  after  landing  your  specie,  return  to  Matan- 
zas,  with  all  practicable  despatch,  to  receive  my  further  instruc- 
tions. Very  respectfully, 

(Signed)  D.  PORTER 

Lieut.  Comdt.  E.  R.  SHUBRICK,  Brig  Spark. 


WASHINGTON,  dugust  llth,  1824. 

SIR:  So  soon  as  the  U.  S.  schooner  Ferret  shall  be  in  every 
respect  read}  for  sea,  you  will  proceed  to  the  West  Indies,  running 
down  through  the  islands,  to  ascertain  whether  our  commerce  re- 
quires protection  :  and  if,  in  the  course  of  your  route,  you  should 
find  protection  necessary,  you  will  afford  it  as  far  as  your  means 
will  allow,  governing  yourself  strictly  in  this  respect,  by  the  general 
cruising  instructions,  and  the  orders  of  your  predecessor. 

You  will  run  down  the  south  side  of  Cuba,  touching  at  St.  Jago 
and  Trinidad,  examining  the  intermediate  places,  and  then  go  round 
Cape  Antonio,  to  Thompson's  Island,  where  you  will  report  to  the 
senior  officer  there,  for  further  instructions. 

At  every  place  you  touch,  offer  your  vessel  for  convoy  and  pro- 
tection. Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comdt.  T.  H.  BELL. 


WASHINGTON,  August  IZifi,  1824. 

SIR  :  So  soon  as  the  United  States  schooner  Ferret,  under  your 
command,  shall  be  ready  for  sea,  you  will  repair  to  Thompson's 
Island,  and  report  yourself  to  the  commanding  officer  there,  for  fur- 
ther duty.  On  your  way  to  the  island,  you  will  touch  at  Matanzas, 
and  afford  such  protection  to  our  commerce  there,  as  may  be  neces- 
sary. In  the  suppression  of  piracy,  and  the  slave  trade  ;  in  the 
protection  of  the  persons  and  property  of  citizens  of  the  United 
States  ;  and  in  your  intercourse  with  foreign  officers,  you  will  be 
governed  by  my  general  cruising  instruction?  and  other  orders, 
which  you  will  receive  from  acting  Lieutenant  Parragut. 

Very  respectfully,  your  obedient  servant,  D.  PORTER, 

Lieut.  Comdt.  T.  H.  BELL. 


281 

to.  S.  SHIP  JOHS  ADAMS,  Thompson's  Island,  Jan.  5/A,  1825. 

SIR  :  With  the  two  schooners  Ferret  and  Terrier,  and  the  bar- 
ges Mqiquitoe  and  Diabletta,  you  will  take  charge  of  the  protection 
of  the  commerce  of  Matanzas,  and  the  suppression  of  piracy  in  that 
neighbourhood,  until  further  orders — my  general  instructions  of 
the  182  vviM  be  your  guide  in  all  cases,  where  they  can  be  ap- 
plied. 

You  will  call  on  Lating,  Adams  and  Co.  for  such  occasional  and 
indispensable  supplies  as  may  be  required  for  the  vessel. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comdt.  BELL. 

(Extract.)  WASHINGTON,  Zl  it  December,  1822. 

SIR  :  You  will  proceed  to  Norfolk  with  the  eight  schooners  pur- 
dhased  for  the  suppression  of  piracy,  and  deliver  them  to  the  com- 
mandant of  the  Navy  Yard,  to  be  manned  and  equipped. 

As  I  have  explained  to  you  my  ideas,  generally,  as  to  the  manner 
of  equipping  these  vessels,  I  shall  refer  Captain  Warrington  to  you 
for  information,  time  not  allowing  of  my  going  into  detail.  They 
will  each  have  on  board  three  lieutenants,  three  midshipmen,  a 
surgeon's  mate,  and  24  petty  officers,  seamen,  and  marines,  and 
boys  ;  therefore,  accommodation  must  be  procured  for  that  number. 

(Signed)  D.  PORTER. 

Directed  to  Lieut.  J.  NEWF.LL,  U.  S.  Naty. 

NORFOLK,  February  8/A,  1823. 

SIR  :  When  the  two  schooners,  of  which  you  have  the  charge, 
shall  be  prepared  with  the  barges,  &c.  you  will  proceed  with  them 
to  Thompson's  Island,  and  there  land  their  cargoes,  after  which, 
you  will  place  the  barges  in  a  condition  for  service,  and  await  my 
arrival.  The  schooner  hired  by  the  month,  you  will  keep  with 
you,  the  other  you  will  discharge  as  soon  as  possible. 

In  landing  the  materials  for  building,  you  will  consult,  as  far  as 
practicable,  our  ultimate  convenience.  Midshipmen  Morehead,  who 
will  go  out  with  you,  has  been  some  time  on  the  Island,  and  can 
give  you  much  useful  information  relative  thereto. 

The  circuitous  route  which  I  shall  take  with  the  squadron,  will 
prevent,  in  all  probability,  my  arriving  so  soon  as  yourself.  You 
will  therefore  have  an  opportunity  of  making  yourself  well  ac- 
quainted with  the  harbour  and  navigation  ;  and  you  will  please  to 
place  buoys  of  casks  to  point  out  the  deepest  water,  keeping  a  look 
out  for  me  in  the  offing,  in  order  that  you  may  give  me  your  aid  in, 
taking  the  vessels  to  the  best  anchorage. 

Wishing  you  a  pleasant  passage  and  safe  arrival,  1  am  with  much 
respect,  your  obedient  servant, 

(Signed)  0.  PORTER 

T.teut.  THOS.  NF.WEI.L. 

36 


282 

U.  S.  SHIP  PEACOCK, '  AHenton,  April  10//t,  1823. 

SIR  :  So  soon  as  the  schooner  Mary,  now  called  the  Trap,  shall 
be  ready  for  se;i  with  her  provisions  and  stores,  you  will  take  on 
board  a  detachment  ol"  marines,  and  stretch  over  to  the  coast  of 
Cuba,  throwing  yourself  in  the  way  of  open  boats  from  the  shore, 
and  making  your  way  slowly  down  toward  Cape  Antonio,  where  I 
shall  expect  to  find  you  after  I  have  visited  with  the  steam  vessel 
and  barges,  the  coast  to  windward  of  Matanzas. 

There  is  anchorage  under  the  lee  of  the  Cape,  and  at  Cape  Co- 
nantas  ;  and  as  I  shall  depend  on  you  for  my  provisions  and  coal, 
it  will  be  best  for  you  to  anchor  at  one  of  those  place? — but  be 
careful  to  guard  against  a  surprise,  and  also  to  conceal  your  force. 

Accompanying  this,  you  trill  receive  a  set  of  general  instruction? 
for  your  government. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  THOS.  NEWALL,  U.  S.  Schooner    Trap. 


SKA  GCLT.,  Port  Rodgers,  June  12//>,  1823. 

SIR  :  You  will  proceed  with  the  schooner  Ferret  under  your 
command,  to  the  south  side  of  Cuba,  to  give  protection  to  our  com- 
merce in  that  quarter  ;  and  \vhen  your  provisions  shall  have  been 
expended,  you  will  return  to  this  place. 

It  is  my  intention  to  send  you  to  the  United  States — soon  after 

your  return  ;  you  can  therefore  take  on  board  any  sum  of  money 

which  merchants   may  have  to  ship,  and  on  such   terms  of  freight 

as  you  can  agree  on.         Very  respectfully,  your  obedient  servant, 

(Signed)  D.   PORTER. 

Lieut.  Commandant  T.  M.   NEWELL. 

Lieut.  Com.  Newell  to  Commndore  Pottei. 

U.  S.  Sch.  FERRET,  Thompson's  Island,  June  25//i,  1823. 
SIR  :  Pursuant  to  your  instructions,  1  left  this  place  on  the  14th 
inst.  on  a  cruise  to  Trinidad,  on  the  south  side  of  Cuba,  in  company 
with  the  Beagle,  Captain  Newton.  On  the  second  day  we  parted 
company,  and  on  the  third  day  1  made  the  Havana,  (on  my  way  to 
Matanzas,)  from  thence  I  commenced  a  diligent  search  in  all  the 
by  ports  and  bays.  On  Tuesday  sent  my  boat  into  Canised,  and 
obtained  information  that  some  pirates  were  still  lurking  about  the 
coast ;  during  that  night,  I  kept  close  in  with  the  land,  and  on  Wed- 
nesday, at  10  A.  M.  discovered  an  armed  barge,  with  16  oars,  and 
well  manned,  in  a  small  bay,  called  Bacuna  Yeauga  ;  1  immediate- 
ly sent  Lieut.  Doming,  with  five  men,  the  most  my  boat  could  car- 
ry, to  examine  all  the  boats,  there  being  seven  in  number.  He  ap- 
proached within  fifty  yards  of  the  barge,  when  the  crew  shew  their 
character,  by  opening  a  fire  on  him.  with  musquetry  and  blun- 
derbusses, whic4i,  fortunately,  did  no  other  damage  than  nearly  to 
sink  the  boat,  she  having  received  a  ball  at  the  water  edge — five 
other  ones  were  found  in  the  boat,  ivhich,  being  nearly  spent,  had 
struck  tbe  water,  and  innocently  jumped  into  her.  My  boat,  at  no 


283 

,nne  suitable  Ibr  the  transportation  of  men,  and  now  rendered  use- 
less, induced  me  to  take  possession  of  a  small  coaster  that  was  near, 
and  manned  her  with  fifteen  men.  and  at  that  time  intended  to  stand 
in,  if  possible,  with  the  Ferret,  in  order  to  cover  the  men  while 
they  took  possession  of  the  barge,  which  then  had  the  American 
colours,  union  down  ;  but,  on  approaching,  found  that  the  channel 
would  not  admit  of  my  entering.  It  then  blowing  very  hard,  and  a 
heavy  ,sea  on,  i  deemed  it  proper  to  recall  the  coaster,  which  had 
like  to  have  gotten  ashore  :  for,  had  that  catastiophe  occurred,  1 
question  much  whether  the  pirates  would  have  had  the  gratification 
of  butchering  them,  as  they  certainly  would  have  been  drowned. — 
The  sea  was  then  breaking  with  great  violence  over  the  reef  that 
covered  the  bay.  I  was  then  compelled  to  resort  to  making  tacks, 
close  :n  with  the  reef,  and  giving  them  long  torn,  with  round  and 
grape,  in  hopes  to  destroy  the  boats — as  to  killing  any  of  them,  it 
was  impossible  :  for,  on  the  approach  of  the  Ferret,  they  would 
completely  secure  themselves  behind  the  rocks  and  trees,  which 
hung  all  around  the  harbour  ;  but  this  I  was  frustrated  in,  by  the 
enormous  roughness  of  the  sea  ;  and,  the  wind  being  on  shore,  pre- 
vented me  from  taking  any  position,  from  which  I  could  annoy  them 
much.  Finding  it  impossible  to  do  any  thing,  with  the  means  then 
in  my  power,  1  stood  out  to  sea,  in  hopes  to  fall  in  with  some  vessel 
from  which  I  could  get  a  suitable  boat,  (but  1  am  sorry  to  say.  that 
it  was  not  until  next  morning  that  my  wishes  were  obtained.)  and, 
if  that  could  not  be  done.  t>  push  to  Matanzas,  to  concert  a  plan 
with  the  Governor,  by  which  the  pirates,  as  well  as  their  boats,  may 
be  taken.  I,  however,  obtained  a  boat  from  an  English  vessel,  aii'l 
immediately  bore  up  for  the  same  place,  which  w;is  then  but  a  short 
distance  off.  *I  had  not  run  but  a  short  time,  when  I  discovered  a 
Spanish  brig  of  war  lying  too,  off  the  bay,  which  proved  to  be  the 
Matae.  On  the  report  being  sent  to  the  Governor  of  Matanzas, 
that  one  of  the  U.  S.  Schooners  was  engaged  with  the  pirates,  he 
de-patched  this  brig,  and,  at  the  same  time  took  with  him  a  land 
force,  and  had  cruised  there  a  few  mimiU'S  before  me,  and  had  ta- 
ken possession  of  a  small  sch.  boat,  the  pirates  had  abandoned,  and 
which  lay  on  the  beach.  I  sent  in  my  boat  after  he  had  left,  and 
ordered  a  search,  when  two  of  the  boats  1  had  seen  the  day  I  at- 
tacked them,  were  found,  well  sunk,  up  a  Logoon,  which,  upoa 
further  examination,  extended  several  miles  into  the  Island,  and 
have  no  doubt  but  that  the  large  barge  is  now  at  the  head  of  it  ; 
but,  not  being  prepared  with  boats,  I  did  not  think  it  proper  to  send 
my  boats  out  from  the  Ferret.  The  two  boats  I  have  brought  over, 
and  shall  await  your  orders  relative  thereto. 

On  my  arrival  at  Matanzas,  I  found  my  mainmast  very  danger^- 
ously  sprung,  which  has  made  it  necessary  for  me  to  return  here, 
but  not  until  I  had  given  convoy  to  eight  of  our  merchantmen  from 
Matanzas  and  Havana. 

I  have  the  honour  to  be,  sir,  very  respectfully,  your  obedient 
servant,  THOMAS  M.  NEWELL. 

Com.  DAVJD  PORTER,  Commander  of  the  f7,  S.  Naval  Forces,  W.  India  station: 


284 

SEA  GULL,  Port  Kodgers,  July  13,  1823, 

SIR  :  After  tending  the  persons  you  will  take  over  at  Havana,  you 
will  run  down  the  coast  to  Artigasa  to  search  for  some  cannon  and 
ball  left  there  by  a  pirate,  which  you  will  take  on  board  if  you  find 
them. 

You  will  then  look  in  at  Cayo  Blanco,  on  the  eastern  part  of  the 
Colorados,  and  return  to  this  place. 

Very  respectfully^  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut-  Comd't  THOMAS  M.  NEWELL. 


Lieutenant  Commandant  Newell  to  Commodore  Porter. 

U.  S.  SCHR.  FERRET,  Port  Rodgers,  July  23rd,   1823. 

SIR  :  I  have  the  honour  to  report  to  you  that,  after  delivering 
the  pirates  at  Havana,  I  cruized  down  the  coast  of  Cuba  to  the 
windward,  as  far  as  Cayo  Blanco,  and  examined  every  creek 
and  harbour.  After  searching  and  diving  for  sometime  at  Artigos, 
(a  small  hidden  river)  I  found  the  guns  you  alluded  to  in  your  in- 
structions ;  also,  a  new  gun  carriage,  calculated  for  a  twenty-four 
pounder,  was  taken  from  the  mangroves,  where  the  pirates  had 
carefully  hidden  it : — my  vessel  being  so  much  lumbered  up,  I 
could  not  bring  it ;  1  therefore  cut  it  up,  and  saved  the  irons  ;  the 
guns  taken  are  five  in  number — one  long  six  pounder,  one  short  do. 
one  nine  pounder  carronade,  and  two  long  three's  ;  the  latter  well 
mounted,  and  appear  to  have  been  very  recently  placed  there. 

I  then  returned  to  the  Havana,  and,  on  Sunday  last,  gave  convoy 
to  six  Americans,  and  one  Danish  ship. 

I  have  the  honour  to  be,  sir,  very  respectfully,  vour  obedient 
servant,  THOMAS  M.  .NEWELL. 

Com.  D.  PORTER,  * 

Commanding  U.  S.  Naval  forces  in  the  West  Indies  and  Gulf  of  Mexico. 


SEA  GULL,  Port  Rodgers,  July  24/A,  1823. 

SIR  :  You  will  proceed  with  the  schooner  Ferret  under  your 
command,  to  Havana,  leave  your  letter  bag  at  the  Counting  House 
of  Messrs.  Castillo,  Black  and  Co.  ;  offer  convoy,  continue  cruizing 
in  the  neighbouihood,  for  the  protection  of  our  commerce,  and 
should  merchants  or  others  wish  to  avail  themselves  of  this  oppor- 
tunity, to  send  specie  to  the  United  States,  you  can  take  it  on  board 
at  the  usual  freight,  leaving  Havana  on  the  1st  of  August,  and  re- 
turning to  this  place  for  further  orders. 

Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Corad't  THOMAS  M.  NEWELL. 


(Extract.) 

SEA  GULL,  Port  Rodgers,  August  1,  1823. 

SIR  :  You  will  proceed  to  Washington  with  the  United  States 
schooner  Ferret,  reporting  her  arrival  to  the  Hon  Secretary  of 
ihe  Navy,  for  such  changes  in  the  officers  as  may  be  necessary, -and 


•285 

*o  fill  up  her  crew,  these  being  the  objects  of  sending  her  home 
When  the  necessary  changes  have  been  completed,  she  is  to  return 
to  this  place  by  the  way  of  Crooked  Island,  or  Caucus  Passages, 
running  down  the  old  Straights  of  Bahama,  touching  at  Baracoa  and 
Matanzas,  showing  yourself  off  Havana,  and  giving  the  whole  coast 
a  thorough  examination 

It  is  extremely  desirable  that  no  unnecessary  delay  should  take 
place  in  the  United  States,  as  the  services  of  the  Ferret  will  be 
wanted,  and  any  unnecessary  delay  will  prevent  my  carrying  into 
effect  the  arrangements  of  the  periodical  sailing  of  vessels  from 
here.  (Signed,)  D.  POUTER. 

Directed  to  Lieut.  Comd't  THOMAS  M.  NEWELL. 

(Extract.) 

SEA  GCLL,  Port  Rodgers,July  19,  1823. 

SIR  :  You  will  proceed  to  Havana  to  give  protection  to  our  com- 
merce ;  and  you  will  communicate  with  Messrs.  Castillo  &  Black 
every  day. 

Should  they  have  any  communications  for  me,  you  will  lose  no 
time  in  conveying  them  to  this  place. 

(Signed,)  D.  PORTER. 

Directed  to  Lieut.  Com.  Jxo.  T.  RITCHIE^ 

SEA  GULL,  Port  Rodgers,  July  25th,  1823. 

SIR:  You  will  place  yourself  and  vessel  under  the  command  of 
tiieut.  Cora.  Kennon.  Very  respectfully,  your  obedient  servant, 

D.  PORTER. 
Lieut.  Com.  JNO.  RITCHIE,  Schooner  Fox. 


SEA  GULL.  Port  Rodgers,  August  8, 1823. 

SIR  :  You  will  proceed  to  Havana  with  the  U.  S.  schooner  Fox, 
and  place  yourself  under  the  command  of  Captain  Sidney  Smith. 

Should  Captain  Smith  have  left  Havana,  you  will  proceed  witli 
all  possible  despatch  to  a  place  called  New  Malaga,  near  Cape  Ca- 
tooche,  on  the  Coast  of  Yucatan,  where  it  is  said  there  is  a  pirati- 
cal establishment  ;  and  in  the  event  of  your  not  finding  Captain 
Smith  there,  you  will  proceed  to  ob'ain  all  the  information  in  your 
power  with  regard  to  said  establishment,  and  return  to  this-  place 
with  all  possible  despatch. 

You  will  endeavour  to  ascertain  whether  a  British  force  has  gone 
against  it,  how  far  it  has  extended  its  operations,  and  whether  suc- 
cessful or  otherwise.     Very  respectfully,  your  obedient  servant, 
(Signed,)  D.  PORTER. 

Lieut.  Com.  J.  T.  RITCHIE. 


Lieutenant  Commandant  Ritchie  to  Commodore  Porter. 

U.  S.  SCHOO.VER  Fox,  29/A  of  August,  1823. 

SIR  :  In  compliance  with  your  instructions,  of  the  8th  ultimo,  1 
proceeded  to  the  coast  of  Yucatan,  to  ascertain  the  situation  of  a  pi- 
ratical establishment,  said  to  be  there.  On  the  14th,  I  arrived  off 


286 

the  port  of  New  Madrid,  (New  Malaga)  and  immediately  sent  a  boat 
to  obtain  all  the  information  possible,  relative  to  the  situation  and 
character  of  the  fortification. 

It  gives  me  great  pleasure  to  inform  yon,  that  the  establishment 
alluded  to,  is  a  fortification  for  the  protection  of  the  town  of  New 
Malaga,  recently  established  there  for  commercial  purposes,  and 
that  no  pirates  have  been  heard  of  on  that  coast,  for  some  time. 

The  enclosed  letter  from  the  commandant  of  that  place,  in  answer 
to  a  letter  addressed  to  him,  by  me,  will,  no  doubt,  fully  explain 
their  character  ;  also,  a  letter  from  the  commander  of  H.  B.  M. 
brig  Scout,  on  the  subject  of  the  attack  on  the  Fort,  which,  no  doubt, 
gave  rise  to  the  report  of  its  being  a  piratical  establishment,  and  the 
answer  thereto  upon  that  subject. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JOHN  T.  RITCHIE. 

Com.  D.  PORTER,  Commanding  West  India  Station. 


PORT  RODCERS,  Thompson's  Island,  September  I6lh,  182J. 
SIR  :  You  will  proceed  to  Washington  without  delay,  touching  at 
Norfolk  to  land  your  specie.     On   your  arrival  you  will  report 
yourself  to  the  Secretary  of  the  Navy  and  Navy  .Commissioners  for 
repairs. 

You  will  inform  them  that  I  am  on  my  way  home  in  the  Sea 
Gull. 

Very  respectfully,  your  obedient  servant, 

D.  PORTER. 
Lieut.  Commandant  J??o.  T.  RITCHIE.  * 

U.  STATES'  SHIP  Jems  ADAMS,  Thompson's  Island,  April  16/A,   1824. 

SIR  :  You  will  proceed  with  the.  Fox,  accompanied  by  the  Bea- 
gle, Lieutenant  Commandant  Cross,  to  the  Colorado  reef,  and  en- 
deavour there  to  join  and  co-operate  with  the  Sea  Gull  and  Barges 
under  the  command  of  Captain  Wilkinson,  in  pursuit  of  pirates. 

Should  you  not  join  Captain  Wilkinson    before  reaching  Cap* 
Antonio,  you  will  wait  his  arrival  there,  near  which  place  you  will 
find  the  Grey  Hound.  You  will  receive  from  him  your  further  orders. 
Very  respectfully,  your  obedient  servant, 

D.  PORTER. 

Lieut.  Commandant  JOHN  T.  RITCHIB. 


U.  S.  SHIP  JOHN  ADAMS,   Thompson's  Island,  April  12/A,  1824. 

SIR  :  You  will  proceed  to  Havana,  and  should  any  of  our  mer- 
chants have  specie  for  New  Orleans,  you  will  take  it  on  board  on 
the  usual  freight,  and  proceed  to  that  place. 

From  thence  you  will  proceed  to  Tampico,  and  continue  to  ply 
between  that  place  and  New  Orleans,  giving  such  protection  to  our 
commerce  in  that  quarter  as  may  be  in  your  power. 

Endeavour  to   make  your  arrival  and  departure  as  regular  aJ- 


287 

possible,  in  order  thaf  persons  requiring  your  protection  may  be 
enabled  to  make  their  arrangements  accordingly. 

You  will  make  all  vour  requisitions,  and  receive  all  your  sup- 
plies of  provisions  in  New  Orleans,  and  report  yourself  at  every  ar- 
rival and  departure  to  the  commanding  officer  there,  and  you  will 
seek  every  opportunity  of  communicating  with  me. 

You  will  return  to  this  place  by  the  first  of  October,  unless  other- 
wise instructed,  and  you  may  touch  at  Havana  before  coming  here, 
for  the  purpose  of  landing  specie 

'  I  have  read  to  you  the  instructions  of  the  honourable  Secretary 
of  the  Navy,  relative  to  the  transportation  of  treasures  ; — I  have  no 
apprehensions  that  you  will  go  beyond  the  authority  given — it  \a 
therefore  needless  to  make  any  further  communication  to  you  on 
the  subject.  I  will  merely  remark,  however,  that  none  of  the  ves« 
sels  of  war  under  my  command,  must  on  any  account,  whatever, 
and  under  any  inducement,  be  used  for  the  purposes  of  commer- 
cial adventure. 

You  can  carry  the  treasures  of  our  citizens  from  one  port  or 
place  to  another,  and  you  can  take  it  to  the  United  States  ;  but  no- 
thing in  the  shape  of  public  advertisements  must  appear,  and  in  all 
your  intercourse  with  the  authorities  of  the  places  you  may  visit, 
make  frank  acknowledgments  of  the  motives  which  brought  you 
there.  Let  all  your  transactions  in  this  respect  be  open,  and  not 
liable  to  misapprehension.  Nothing,  whatever,  in  the  shape  of 
clandestine  shipments  must  be  countenanced. 

For  the  information  of  the  government,  you  will,  on  joining  me, 
report  to  me  the  amount  of  treasures  which  you  have  on  board  your 
vessel,  where  taken  from,  where  destined,  and  the  circumstances, 
terms,  and  conditions  on  which  you  have  taken  them. 

During  your  stay  in  the  Gulf,  as  well  as  on  your  passage  out  and 
borne,  you  will  seek  every  occasion  to  give  protection  to  the  per- 
sons and  property  of  the  citizens  of  the  United  States. 

Wishing  you  a  pleasant  and  a  profitable  cruize,  I  am,  sir,  very 
respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

To  Lieut.  Commandant  JOHN  T.  RITCHIE. 


WASHINGTON,  October  H/&,  1824. 

SIR  :  I  have  received  your  several  communications  respecting 
ihe  schooner  Fox,  under  your  command. 

She  re  to  be  got  in  readiness  for  sea  with  the  least  possible 
delay  ;  and  when  ready,  you  will  report  to  me. 

Very  respectfully,  (Signed)  D.  PORTER. 

Lieut.  Cornell.  J.  RITCHIE. 


WASHINGTON,  October  17,  1823. 

SIR  :  You  will  proceed  to  Matanzas,  in  the  Island  of  Cuba,  with 
Ihe  schooner  Beagle,  and  there  join  the  Wild  Cat,  which  you  will 


288 

find  ther%  With  these  two  vessels,  you  will  give  such  protection 
as  may  be  in  your  power,  against  pirates,  to  the  commerce  of  the 
United  States,  and  to  the  vessels  of  all  nations  requiring  it. 

You  will  receive  your  supplies  of  all  kinds  from  Thompson's 
Island.  You  are  to  be  governed  in  your  operations  by  my  general 
instructions  of  the  26th  of  February. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comdt.  Jos.  CROSS. 


U.  S.  SCHR.  WEAZEI,,  Alvarado,  Dec.  5th,  1824. 

SIR  :  1  sailed  from  Thompson's  Island  on  the  17th  of  September, 
for  Havana,  off  which  port  I  fell  in  with  and  convoyed  in  the  Ame- 
rican brig  Herald  of  Boston.  After  watering,  sailed  for  Campeachy 
giving  convoy  to  three  American  schooners — (the  Daet,  Commerce, 
and  Superior,)  to  the  Bank  ;  arrived  there  27th  September,  and 
sailed  on  the  29th  for  Alvarado.  On  the  6th  of  October,  a  little  to 
the  east  of  Alvarado,  spoke  the  U.  S  schr.  Shark,  Capt.  Gallagher  ; 
received  instructions  to  stand  for  and  anchor  at  Sacrifice,  for  the 
purpose  of  taking  on  board  Mr.  Taylor,  American  Consul,  (then  on 
board  the  Shark)  and  returning  with  him  to  Alvarado.  In  riding 
out  a  norther  at  Sacrifice,  I  parted  my  hemp  cable,  and  was  unable 
to  find  the  anchor.  I  have  been  under  the  necessity  ot  purchasing 
a  cable  and  anchor  in  this  port.  Sailed  from  Vera  Cruz  on  the 
9th,  and  arrived  here  on  the  10th.  On  my  arrival,  received  a  let- 
ter from  the  American  Consul,  giving  an  account  of  the  capture  of 
the  American  brig  Cato,  by  the  pirates,  and  the  schooner  Leader's 
wanting  protection  at  Tabasco  ;  a  copy  of  which  letter  is  enclosed, 
and  marked  A.  1  was  compelled  to  remain  a  few  days  in  port,  to 
repair  my  sails,  and  procure  an  anchor  and  cable  ;  which  being 
done,  I  sailed  on  the  19th  for  Tabasco.  In  consequence  of  a  strong 
southwesterly  current,  we  drifted  in  near  Chittepeque  river,  where 
I  despatched  a  boat  with  an  officer  for  a  pilot  ;  the  boat  returned 
without  the  officer,  the  Commandant  having  detained  him.  Situ- 
ated thus,  I  thought  it  most  advisable  to  stand  for  the  river;  which 
1  did,  and  anchored  directly  opposite  the  fort,  and  in  good  shot  dis- 
tance. I  was  determined  to  knock  down  his  fort,  if  he  did  not  give 
up  the  officer  immediately,  and  take  him  by  force.  Immediately 
on  the  demand  being  made,  he  delivered  him  up,  making  many  apo- 
logies for  having  detained  him.  Here  I  was  detained  near  two 
weeks,  by  a  continual  succession  of  northers,  which  rendered  it 
impossible  to  cross  the  bar.  On  the  28th,  I  received  a  letter  from 
Capt.  Dulany,  dated  Villa  Hermoza,  requesting  to  see  me  ;  a  copy 
of  which  I  have  enclosed,  and  marked  B.  The  next  day  I  pro- 
ceeded there  in  the  culler,  for  the  purpose  of  seeing  the  two  Cap- 
tains ;  reached  ihere  in  two  days  ;  on  the  third,  returned  to  the 
vessel,  bringing  with  me  Captain  Dulany,  of  the  Cato.  On  rny 
return.  I  had  the  pleasure  of  finding  the  water  on  the  bar  quite 


289 

smooth  ;  and  sailed  for  Tabasco,  where  I  arrived  on  6th  November. 
After  a  few  day's  delay,  I  proceeded  to  Chiapa  river,  distant 
about  thirty  four  miles  from  the  mouth  of  the  river.  I  here  found 
it  imprudent  to  proceed  farther  up  the  river,  in  consequence  of 
sickness,  which  wa?  brought  on  by  excessive  fatigue,  in  warping  up 
against  a  four-knot  current.  I  despatched  Acting;  Lieut.  Taylor, 
with  Captain  Dulany,  in  the  cutter,  to  Villa  Hermosa,  and  sent  a 
letter  to  the  Governor,  requesting  him  to  facilitate  the  brig  and 
schooner's  passage  down  the  river.  On  their  arrival,  I  set  sail,  and 
convoyed  them  fifty  miles  clear  of  the  coast,  and  then  stood  for  this 
place,  where  i  arrived  on  the  29th.  The  Weazel  has  been  active- 
ly and  usefully  employed  on  this  station  ;  particularly  in  this  port. 
On  my  first  arrival,  I  found  nearly  all  the  crews  of  the  American 
vessels  down  with  sickness,  and  my  men  were  compelled  to  assist 
them  in  various  ways — in  taking  care  of  their  vessels,  &c.  Since 
being  in  the  Gulf,  I  have  had  much  sickness  on  board,  which  was 
brought  on  by  the  severe  duty  performed  by  my  men.  Jacob  Rise, 
O.  S.  died  in  this  port  on  the  28lh  October,  of  the  fever.  Now, 
with  pleasure.  I  inform  you,  my  officers  and  crew  are  in  good  health  ; 
and  shall  sail  from  this  port  for  Tampico,  as  soon  as  the  present 
norther  is  over,  and  the  bar  smooth  enough  to  cross  with  safety. 
I  have  been  compelled  to  draw  two  or  three  bills  on  Government, 
in  supplying  my  vessel  with  provisions,  &c.  In  consequence  of 
Acting  Lieut.  Carr  leaving  the  vessel  at  Philadelphia,  1  appointed 
Sailing-Master  E.  C.  Taylor  Lieutenant,  in  his  place  ;  which  ap- 
pointment, I  presume,  will  meet  your  approbation  ; — since  which 
time,  he  has  been  performing  both  duties. 

I  have  the  honour  to  be,  with  much  respect,  yourobed't  serv't, 
CHAS.  BOARMAN,  Lieut.  Comdt.  U.  S.  schr.  Weazel. 

U.  S.  SCHOOWF.R  WEAZEL,  Havana,  2lsl  January,  1825. 

SIR  :  I  have  the  honour  to  report  the  arrival  at  this  port  of  the  (I. 
9.  schooner  Weazel,  thirteen  day.s  from  Tampico.  The  particulars 
of  ray  movements  up  to  my  leaving  Alvarado,  I  presume  you  have 
received.  Sailed  from  that  port  for  Tampico  on  the  7th  of  Decem- 
ber, and  arrived  there  on  the  12th.  I  continued  at  that  anchorage 
till  the  12thinst.  giving  all  necessary  assistance  to  our  merchantmen, 
which  was  great.  Thomas  Gray,  Seaman,  was  drowned  by  a  fall 
from 'the  main  boom  in  assisting  one  of  them.  John  S.  Holey,  O.  S. 
deserted.  The  Weazel  has  not  been  successful  in  capturing  pirates, 
but  she  has  been  both  usefully  and  actively  employed  in  giving  pro- 
tection to  our  commerce.  Farther  particulars  I  will  give  you,  dur- 
ing the  day. 

I  havethe  honour  to  be,  your  obedient  servant, 

CHAS.  BOARMAN  Lieut.  Comdt.  U.  S.  Schr.  Wcazlt. 


SEA  GULL,  Havana,  Jan.  24lh,  1825. 

IR  :  You  will  proceed  to  a  convenient  port  of  the  United  State-,, 
37 


290 

there  land  the  money  on  board  your  vessel,  and  report  yourself  to 
the  Hon.  Secretary   of  the  Navy,  and  the  state  and  condition  ot 
your  vessel  to  the  Board  of  Navy  Commissioners. 
Very  respectfully, 

(Signed,)  D.  PORTER. 

Lieut.  Coind't  BOARMAN. 


U.S.  SHIP  JOHN  ADAMS,   Thompton's  Island,  April  25th,  U24. 
SIR  :  When  the  Sea  Gull  and  Gillinipper  are  ready  for  sea,  you 
will  proceed  with   them  to  Matanzas,  and  there  await  my  further 
orders,  giving  all   protection  in  your  power  to  our  commerce   in 
that  quarter.     Respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Lieut.  Coind't  R.  VORIIEES. 

U.  S.  SHIP  JOHN  ADAMS,  April 24f/i,  182*. 

SIR:  With  the  U.  States  schooner  Jackall  under  your  command, 
accompanied  l>y  the  Wild  Cat,  Lieut.  TLegare,  you  will  proceed  to 
the  island  of  Mugeres  or  Woaian's  Island,  on  the  coast  of  Yuca- 
tan near  Cape  Catoche,  and  search  of,  and  for  the  destruction  of 
a  piratical  establishment  said  to  exist  there  From  thence  you  will 
continue  to  cruise  along  that  coast  toward  Sical,  giving  it  a  thorough 
examination. 

From  Sical  you  will  send  the  Wild  Cat  to  me  with  a  report  of 
your  proceedings,  and  shape  your  course  toward  Campeachy,  and 
thence  to  Alvarado,  Sacraficios  and  Tampico,  looking  in  at  La  Vera 
Cruz,  at  one  of  which  places,  you  will  meet  this  ship,  and  at  the 
time  or  soon  after  your  arrival,  you  will  receive  by  her  instruc- 
tions as  to  your  further  proceedings. 

You  will  ask  of  Lieut.  Commandant  Oellers  my  general  instruc- 
tions, which  will  explain  to  you  the  duties  you  have  to  perform,  as 
regards  the  suppression  of  piracy  and  the  slave  trade. 

During  your  stay  in  the  Gulf,  and  on  your  passage  there,  you 
will  seek  every  occasion  to  give  protection  to  the  persons  and  pro- 
perty of  our  citizens. 

Wishing  you  a  pleasant  and  successful  cruise,  I  am,  with  great 
respect,  your  obedient  servant, 

(Signed,)  Di  PORTER. 

Lieut.  Commandant  JOHN  H.  LEE. 


Copy  of  a  letter  from  Lieutenant  Commandant  John  H.  Lee,  to  Commodore 
David  Porter,  commanding  Untied  States'1  Navalforces  on  the  West  India  sta- 
tion, Gulf  of  Mexico,  and  Coast  of  Africa,  dated 

U.  S.  SCHOONER  JACKALL,  SicaL,  I2lh  May,  1824. 

SIR  :  I  have  the  honour  to  report  to  you,  that,  for  the  purpose  of 
executing  your  orders  to  me  on  the  25th  of  April,  the  Jackall  and 
Wild  Cat  sailed,  on  the  26th  of  that  month,  from  Thompson's  Island. 
On  the  following  day,  we  made  the  Coast  of  Cuba,  (Bahia  Honda) 
and  passing  Cape  Antonio  in  the  night,  we  were  unable  to  look  in 


291 

there,  although  I  felt  n  great  desire  to  do  so.  On  the  29th,  arrived 
off  Cape  Catoche  ;  and,  on  the  same  afternoon,  anchored  between 
the  Island  of  Contoy  and  the  main  land.  This  island  is  small,  and 
thinly  wooded,  so  that  it  required  but  a  few  hours  to  examine  every 
part  of  it.  We  could  discover  no  traces  of  any  persons  living  there, 
or  even  of  any  persons  having  been  there,  except  two  thatched  huts, 
in  a  very  decayed  state. 

Early  on  the  morning  of  the  30th  we  left  that  Island,  and  ap- 
proaching as  near  the  shore  as  the  safety  of  the  vessels  would  per- 
mit, we  proceeded  to  the  bland  of  Mugeres,  and  in  the  night  an- 
chored between  its  southwest  end  and  the  main  land.  On  the  fol- 
lowing morning,  having  found  the  watering  place,  the  vessels  were 
removed  to  it,  and,  at  the  same  time,  detachments  of  men  were  sent 
on  shore  for  the  purpose  of  commencing  an  examination. 

This  Island  is  larger,  more  thickly  woode<l,  and  much  more  diffi- 
cult of  access  than  Contoy  ;  and  we  were,  consequently,  compelled 
to  proceed  at  a  comparatively  slow  rate.  But,  sir,  I  can  safely  say, 
that,  at  the  expiration  of  two  days,  almost  every  foot  of  Mugeres 
had  been  traversed. 

We  fdund,  here,  six  Indians,  from  the  vicinity  of  Sical.  They 
stated  that  they  made  annual  visits  to  this  island  for  the  purpose  of 
making  salt,  large  quantities  of  which  was  piled  up  on  the  borders  of 
the  salt  ponds  in  the  interior.  While  at  Mugeres,  we  were  visited 
by  several  parties  of  Indians,  from  the  main,  and  the  Islands  of 
Cankum. 

I  could  glean  nothing  satisfactory  from  these  men  respecting  pira- 
cy. The  stories  they  told  were  so  very  contradictory,  and  seem- 
ingly without  foundation,  that  it  was  impossible  to  reconcile  them 
with  each  other,  or  with  truth  ;  but  from  all  I  could  hear,  and  from 
my  own  observations,  Mugeres  has  not,  for  the  last  two  years,  been 
the  resort  of  pirates. 

A  severe  gale  detained  us  at  anchor  three  days  longer  than  was 
necessary,  and  thi?  circumstance  afforded  an  opportunity  of  visiting 
the  main  land,  which  was  done  by  Lieutenant  Commandant  Legare 
Tind  Lieut.  Piercy,  though  without  discovering  any  thing  more  than 
a  few  uninhabited  fishing  huts.  On  the  7th  ef  this  month,  we  sail- 
ed from  Mugeres,  and  passing  again  by  Contoy,  anchored  near  Cape 
Catoche,  and  here,  sir,our  researches  were  as  little  to  our  satisfac- 
tion is  they  had  been  hitherto,  nothing  was  to  be  seen  but  an  old 
dilapidated  church  and  a  fishing  hut.  From  thence  we  continued 
our  course  towards  New  Malaga,  examining  the  coast  as  we  went 
along,  and  arrived  there  on  the  afternoon  of  the  8th.  Some  of  the 
Indians  had  informed  me  that  a  piratical  vessel  was  fitting  out  at 
that  place  ;  but,  sir,  no  such  vessel  was  there  on  our  arrival,  and 
the  commandant,  who  is  apparently  a  respectable  man,  assured  me 
that  the  Fox  was  the  last  vessel  he  had  seen. 

On  the  9th  we  left  New  Malaga,  and  coasted  it  along  within  two 
miles  of  the  shore,  looking  into  all  the  inlets  and  communicating 
with  almost  €very  settlement  between  Malaga  and  Sictl.  until  on r 


292 

arrival  at  the  latter  place,  late  on  the  llth.  From  the  time  we 
commenced  our  examination  of  the  Coast,  we  have  never  sailed  dur- 
ing the  night,  except  once  in  chase  of  a  schooner,  which  proved  to- 
be  a  privateer  fitted  out  at  Sical,  and  then,  sir,  I  returned,  with  the 
Jackall,  to  the  place  I  discovered  her,  and  waited  until  the  following 
morning. 

At  this  port  the  commandant  has  been  barely  civil  to  us,  and  the 
inhabitants,  generally,  appear  to  view  us  more  in  the  light  of  spies 
thnn  friends. 

You  will  perceive,  from  this  report,  sir,  the  manner  in  which  we 
have  performed  our  duty,  and  I  sincerely  hope  it  will  meet  with 
your  approbation.  To  the  prompt  and  active  exertions  of  Lieut. 
Legare,  1  feel  much  indebted  ;  and  I  assure  you  it  would  have  afford- 
ed me  great  pleasure  to  have  been  associated  with  him  for  a  longer 
time. 

From  this  place  I  shall  proceed  with  all  possible  despatch,  to  exe- 
cute your  further  orders. 

I  have  the  honour  to  be,  very  respectfully,  your  most  ob't  serv't, 

JOHN   H.  LEE. 

Com.  D.  PORTER,  Comrfg  U-  S.  Naval  forces  on  the  West  India  station. 
Gulf  of  Mexico,  and  Coast  of  Africa, 


MATANZAS,  June  5tht  1824. 

SIR  :  After  touching  at  Thompson's  Island,  you  will  proceed  to 
the  coast  of  East  Florida,  and  give  it  a  thorough  examination,  to 
discover  an  establishment  there,  said  to  be  of  a  piratical  or  irregular 
character,  somewhere  about  Charlotte  Harbour,  Chathams  Bay. 
or  between  that  and  Tamp^  Bay. 

The  inhabitants  are  said  to  be  Spaniards  and  Indians';  hoist  the 
Spanish  flag  and  have  two  guns  mounted.  You  will  have  inter- 
course with  them,  ascertain  their  true  character,  force  and  condition, 
and  on  your  return  make  to  me  a  detailed  report.  Should  you  rind 
the  aid  of  a  land  force  necessary,  you  can  no  doubt  obtain  it  from 
the  military  commanding  officer  of  the  post  at  Tampy  Bay. 

Very  respectfully,  your  obedient  servant, 

(Signed.)  D.  PORTER. 

Lieut.  Comd't  JAMES  M.  MC!NTOSH. 

AI.LENTON,  Thompson's  Island,  July  8th,  1824. 

SIR  :  I  had  the  pleasure  of  addressing  you  on  the  5th  inst.  by 
the  Diabletta  inclosing  a  copy  of  a  letter  from  Captain  P.  C.  Greene, 
and  a  sick  report,  which  I  trust  you  will  receive  at  an  early  period, 
as  the  weather  has  been  uncommonly  fine  since  she  sailed.  The 
departure  of  the  Martha  this  evening  with  a  load  of  flour,  affords 
me  another  opportunity  to  communicate  to  you  our  situation.  The 
expedition  in  thr-  barge  will  necessarily  impede  much  our  progress 
in  the  buildings  and  other  improvements,  for  in  giving  her  a  comple- 
ment, I  have  left  the  Island  almost  destitute.  The  new  store  which 
I  find  by  a  letter  of  Lieut.  O'ellers,  dated  29th  ult  reported  to  be 
nearly  finished,  I  regret  to  say  is  little  more  than  half  done  ;  it  rs 


293 

Only  in  part  covered,  floor  not  laid,  no  partitions  up,  or  doors  or 
windows  made,  nor  have  I  any  person  at  present  to  continue  on 
with  it.  The  only  two  carpenters  in  service  at  present  on  the  Is- 
land, I  have  employed  putting  a  small  addition  to  the  house  for- 
merly occupied  by  Captain  Wilkinson,  to  render  it  barely  comfort' 
able  for  my  family.  But  I  am  in  hopes  soon  to  complete  the  store 
on  the  return  of  the  Diabletta.  I  would  take  the  liberty  of  suggest- 
ing the  propriety  of  a  house  carpenter  being  employed,  rated  as 
master  carpenter,  and  sent  out  immediately  ;  the  good  advantages 
ivhich  would  arise  from  it  1  have  perceptibly  seen  displayed  with 
the  citizens  working  for  Mr.  Simonton.  Since  his  return  from  Bal- 
timore, with  a  decent  young  man  in  that  capacity,  almost  double  the 
work  has  been  performed  by  his  carpenters,  and  I  find  that  1  cannot 
with  all  the  attention  I  can  possibly  bestow,  have  as  much  done  by 
men  employed  in  the  public  service.  I  cannot  lay  out  their  work, 
or  do  I  really  know,  to  be  candid,  what  is  a  day's  work  for  a  house 
carpenter,  and  having  no  person  here  who  feels  any  ambition  in 
fonvarding  that  branch,  I  am  liable  constantly  to  impositions. 

1  have  the  honour  to  enclose  you  a  duplicate  copy  of  Captain 
Green's  letter,  and  Doctor  Bassit's  sick  report  of  to-day,  by  which 
you  will  find  one  of  the  cases  reported  by  him  on  the  5th,  as  bilious 
remittent  fever,  marked  to-day  as  case  of  yellow-fever,  and  I  regret 
to  inform  you  that  Richard  Purcels,  a  private  marine,  died  yester- 
day at  the  Hospital,  of  what  the  Doctor  calls  a  /oty  type  of  bilious 
fever.  It  is  with  much  pain,  sir,  that  I  am  compelled  to  inform  you 
that  I  witness  daily  symptoms  among  the  men  a  little  alarming,  al- 
most every  day  since  my  arrival  and  command  here  ;  one  or  more 
have  been  taken  with  severe  vomiting,  pains  in  the  head  and  bones, 
and  the  disease  appears  to  fluctuate,  one  day  at  work,  and  the  next 
a  relapse  ;  and  it  is  high  time  that  Dr.  Bassit  was  assisted  in  his  du- 
ties. His  riding  twice  a  day  frequently  from  the  Hospital  to  Allen- 
ton,  and  his  exposure  to  sun  is  well  calculated  to  bring  on  disease  ; 
and  if  he  is  indisposed,  we  are  deprived  entirely  of  medical  assis- 
tance. 

I  have  endeavoured  to  gnin,  for  the  purpose  of  communicating; 
to  you  all  the  information  respecting  the  cruise  of  Domingo  on  the 
coast  of  Yucatan.  It  appears  that  he  was  connected  in  his  piratical 
depredation  with  Diabletta,  and  that  in  the  division  of  prize  goods 
captured,  a  dispute  arose,  in  consequence  of  too  large  a  portion 
being  demanded  by  the  two  leaders,  the  men  seized  a  blunder- 
buss, and  literally  blew  Diabletta  to  pieces.  Domingo  escaped  with 
a  severe  sabre  cut  on  his  arm,  by  jumping  overboard,  and  swim- 
ming to  shore.  Joseph  Morales  saw  him  since  his  return  from  Yu- 
catan, and  corroborated  these  circumstances.  » 

I  have,  sir,  respectfully  to  request  that  I  may  be  informed  if 
there  is  a  probability  of  my  being  permanently  stationed  here.  The 
command  of  the  Yard  I  presume  I  shall  not  retain  longer  than  the 
sickly  season  ;  after  that  time  many  superior  to  me  will  be  making 
applications,  and  although  I  have  every  confidence  in  your  disposi- 


lion  to  do  me  justice,  still  I  ani  aware  that  the  calls  of  superior* 
jnu<t  be  attended  to.  But  as  I  am  now  making  preparations  for  my 
family,  it  would  be  a  great  source  of  satisfaction  to  me  to  know  if  I 
could  hold  the  situation  of  executive  officer  of  the  Yard,  if  super- 
ceded  in  the  command. 

The  Plants  are  doing  \vell  ;  the  late  showers  of  rain  which  we 
have  had,  has  much  revived  them.  I  have  not  yet  received  any 
Cor.oa  Nut  Plants,  but  expect  them  in  the  Terrier.  I  have  allowed 
fifty  of  the  Nuts  to  be  planted  by  Col.  Mifflin  and  Captain  Greene 
within  the  enclosure. 

1  have  the  honour  to  be,  sir,  most  respectfully, 

JAS.  M.  MclNTOSH,  Lt.  Com. 

Com.  DAVID  PORTER,  Commander  in  Chief  of  the  U.  S.  Naval  Forces  in  the 
Wett  Indies,  Gulf  of  Mexico,'  Coast  of  Jlfrica,  See. 


Extract  of  a  letter  from  Lieut.  Commandant  James  Jtf.  M'Intosh  to  Commodore 
D.  Porter,  communicated  to  the  Secretary  of  the  Navy,  dated 

ALI-ENTON,  THOMPSON'S  ISLAND,  July  12,  1824. 

SIR  :  I  have  the  honour  to  inform  you,  that  the  Terrier,  with  the 
barge  Diabletta  in  company,  returned  here  yesterday.  Lieut.  Paine 
reports  the  brig  robbed  off  Escondio,  to  have  been  the  Acasta,  of 
Portland.  They  robbed  her  of  two  thousand  dollars  in  cargo,  her 
sails,  and  anchors,  beat  the  commander  and  crew  severely,  and  then 
suffered  her  to  proceed  to  Havana. 

Could  I,  sir,  have  received  the  information  one  day  earlier,  the 
Diabletta  would  have  completely  succeeded  in  re-capturing  the  pro- 
perty, and  probably  have  detected  the  pirates  in  the  very  act.  The 
property  stolen  has  been  carried  to  Havana  ;  at  which  place  Mr. 
Paine  saw  and  conversed  with  the  master  of  the  Acasta.  The  ap- 
pearance of  the  barge  at  so  early  a  period  after  the  transaction,  to- 
gether with  the  very  strict  search,  1  trust  will  have  a  good  effect. 

Extract  of  a  letter  from  Lieut.  Com'dt  M'Intosh,  to  Commodore  David  Porter, 
communicated  to  the  Secretary  of  the  Navy,  dated 

ALLENTON,  THOMPSON'S  ISLAND,  Bth  August,  182*. 
The  Terrier,  Lieut.  Paine,  returned  yesterday  morning  with  the 
medical  stores  which  1  had  the  honour  to  inform  you  were  necessa- 
ry for  the  station,  on  the  2d  inst.  She  has  been  longer  executing 
this  service  than  could  have  been  contemplated,  in  consequence  of 
continued  calms  since  she  sailed  from  here,  and  considerable  drift  to 
the  eastward.  She  sails  again  to  day  for  Matanzas,  with  orders  to 
give  convoy  to  any  of  our  vessels  requiring  it,  and  then  to  proceed 
and  examine  minutely  the  key  in  the  vicinity  of  Point  Yeacos  and 
the  Bay  of  Suagasa,  from  thence  to  run  down  the  North  Coast  of 
Cuba  to  Bahia  Honda,  at  which  place  piratical  depredations  are  said 
to  be  almost  daily  committed. 

WASHINGTON,  August  iWi,  1824. 

Sm  :  I  have  received  your  various  communications  by  the  dif- 
ferent vessels  that  have  arrived  from  the  Island,  all  of  which  are 
satisfactory  to  me. 


295 

As  regards  your  continuing  on  the  Islapd,  you  may  rest  assured 
that  there  is  no  disposition  on  my  part  to  make  any  change  what- 
ever in  your  situation,  and  it  is  not  my  opinion  that  any  change  will 
be  made  by  the  Department. 

You  may  therefore,  I  think,  consider  yourself  permanently  fixed. 

It  is  likely  that  I  shall  be  out  in  a  month  or  two  after  you  receive 
this,  and  it  is  my  intention  to  reside  for  a  time  on  the  Island,  to  com- 
mence some  extensive  improvements  effecting  its  salubrity,  that  I 
have  in  contemplation  ;  I  shall  therefore  want  my  house  finished, 
that  I  may  be  comfortable. 

I  sent  several  mechanics  out  in  the  Wild  Cat,  expressly  for  the 
purpose  of  being  employed  on  the  island,  you  must  endeavour  to 
work  them  to  the  best  advantage.  I  laid  down  a  plan  for  the  porches 
round  my  house,  but  on  consideration  I  wished  them  changed  to  the 
one  enclosed,  letting  the  rafters  commence  and  rest  on  the  rafters 
of  the  main  building,  about  one  half  the  distance  up  from  the  eaves, 
instead  of  commencing  at  the  eaves  as  in  the  old  plan.  This  ar- 
rangement will  allow  of  the  porch  being  much  wider  than  formerly 
intended  ;  it  would  be  very  desirable  to  have  it  thirteen  feet ;  the 
eaves  of  the  porch  need  not  be  lower  than  the  eaves  of  the  main 
building,  which  will  make  the  whole  sightly,  light,  and  airy.  I 
hare  sent  out  medical  aid  in  the  Decoy  ;  1  hope  it  may  arrive  in 
season.  1  would  advise  that  the  men  be  as  liule  exposed  as  possi- 
ble to  the  weather — the  more  they  are  kept  under  shelter  the 
better. 

1  am  in  hopes  you  will  be  able  to  get  through  this  season  without 
much  sickness.  Endeavour  to  keep  every  one  as  comfortable  as 
you  can,  and  let  me  hear  from  you  by  every  favourable  opportuni- 
ty, that  I  may  be  well  informed  of  the  state  of  the  Island.  Inform 
Mr.  Mifflin  and  Mr.  Symington  that  I  have  received  their  commu- 
Dications,  but  the  appointment  of  Mr.  Pinkney  renders  it  unneces- 
sary to  act  on  them.  Very  respectfully,  your  obedient  servant, 
(Signed,)  D.  PORTER. 

Lieut.  Com.  J AS. 


WASHINGTON,  August  IZth,  1824. 

SIR  :  I  have  received  your  communication  of  the  18th  ultimo, 
respecting  the  Spanish  schooner  Trinidada,  and  approve  of  the 
course  you  have  pursued  with  regard  to  that  vessel. 

Mr.  Easton's  disinterested  conduct  in  giving  up  the  vessel  with- 
out salvage,  will  no  doubt  have  the  happiest  effect  in  preserving  the 
good  understanding  which  happily  exists  between  us  and  the  autho- 
lities  of  Cuba,  and  will  have  a  tendency  to  remove  the  prejudices 
which  exist  against  us,  among  the  mass  of  the  community. 

I  wish  you  to  return  to  him  my  thanks.     Respectfully, 

(Signed)  D.  PORTER, 

Lieut.   Comaiandanx  JAMES  M. 


WASHINGTON,  August  19//i,  182-f. 

SHI  :  I  enclose  yovi  a  copy  of  a  letter  from  Colonel  George  M. 
Brook  to  the  Secretary  of  War. 

Instructions  formerly  given,  accompanied  by  a  copy  of  a  letter 
from  the  Secretary  of  the  Navy,  of  the  19th  March  last,  will  be 
your  guide  as  to  the  course  to  be  taken  in  regard  to  the  timber 
lands  of  the  United  States,  on  the  coast  of  Florida. 

1  wish  a  detailed  report  from  the  officer  you  send,  as  to  his 
proceedings,  and  the  value,  condition,  quantity,  and  situation  of  the 
timber  mentioned  by  Colonel  Brook. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.    PORTER. 

Lieutenant    Commandant    JAMES     M.    M'lwTOSH,     Commanding    officer, 
ThomptoiCs  Island. 

Extract  of  a  letter  from  Lieut.  Comm'dt  Jas.  M  M'Inlosh,  to  Commodore  David 
Porter,  communicated  to  the  Secretary  of  the  Navy,  dated 

ALLEJVTON  THOMPSON'S  ISLAND,  C25th  August,  182*. 

The  United  States'  Schooner  Wild  Cat,  Lt.  Com'dt  Legare,  ar- 
rived here  on  the  20th  inst.  from  Matanzas.  By  Lieut.  Legare  I 
received  your  instructions  of  the  14th,  15th,  and  16th  ult.  and  shall 
avail  myself  of  her  sailing,  this  evening,  to  comply  with  the  order 
of  the  ICth. 

The  Wild  Cat,  from  the  representation  of  her  commander,  wa£ 
permitted  to  heave  out  and  overhaul  :  every  exertion  however,  has 
been  made  to  get  her  ready  for  sea  :  she  is  now  in  good  order,  and 
will,  with  the  Terrier,  I  hope,  be  enabled  to  protect  our  commerce 
in  the  vicinity  of  Havana  and  Matanzas. 

Lieut.  Legare  spoke  the  Terrier  the  night  previous  to  his  going 
into  Matanza?,  to  windward,  where  I  had  ordered  her  for  the  purpose^ 
of  examining  Point  Yeacas  and  Suaguassa  Bay;  and  it  is  with  pleasure 
I  inform  you,  that  he  stated  the  Terrier  to  have  been  successful  in 
the  rapture  of  a  pirate,  a  launch  with  from  eight  to  ten  men.  I 
expect  the  Terrier,  Lieut.  Paine,  every  hour  ;  on  her  arrival  I  will 
embrace  the  first  opportunity  of  giving  you  the  particulars  of  this 
pleasing  information.  i  ,  .. 

SEA  GULL,  Port  Rodgerx,  July  3rd,  1823. 

SIR  :  On  Captain  Skinner  leaving  the  Wild  Cat,  you  will  take 
charge  of  her,  and  so  soon  as  the  number  of  her  officers  and  crew 
are  completed,  and  her  stores  and  supplies  of  every  kind  on  board, 
you  will  return  to  this  place,  passing  through  the  Canons  or  Crook- 
ed Island  passage,  running  down  the  Old  Straight  of  Bahama,  touch- 
ing at  Baracoa  and  Matanzas,  shewing  yourself  off  Havana,  and  giv- 
ing the  whole  coast  a  thorough  examination. 

If,  however,  the  honourable  Secretary  of  the  ±  avy  should  ap- 
point another  commander  to  the  Wild  Cat,  you  will  transfer  to  her 
these  orders,  for  his  government. 

it  is  extremely  desirable  that  there  should  be  as  little  delay  as 
possible  in  the  United  States,  and  you  will  use  pyery  effort  to  re- 
turn as  soon  as  possible.  Very  respectfully,  your  obedient  servant, 
licut.  F.  G.  WOLBE*T.  (Signed)  D.  POKTER. 


297 

WASHINGTON,  August  nth,  2824. 

SIR  :  As  soon  as  the  U.  S.  schooner  Beagle  shall  have  completed 
her  repairs,  and  bo  in  every  respect  ready  for  service,*  you  will 
proceed  to  St.  Thomas,  for  the  protection  of  our  commerce  in  that 
quarter,  governing  yourself  in  the  duties  to  be  performed  by  the 
general  cruizing  instructions,  and  the  orders  issued  to  your  prede- 
cessor. You  will  continue  on  that  station,  furnishing  convoy  and 
protection  to  our  merchant  vessels  through  the  passages,  until  my 
arrival  there,  or  until  further  orders. 

Should  your  vessel  require  any  supplies  of  provisions,  stores, 
&c.  you  can  obtain  them  by   application  to  Mr.  Furnace,  a  mer- 
chant of  that  place,  who  has  offered  to  furnish  them. 
Very  respectfully,  your  obedient  servant, 

(Signed)  D.   PORTER. 

Lieut.  Commandant  C.  T.  PLATT. 

U.  S.  SHIP  JOHN  ADAMS,  TJiompson1!  Island,  January  28/A,  1825. 
SIR  :  In  consequence  of  the  Affair  at  Faxardo,  1  have  been  directed 
by  the  Hon.  Secretary  of  the  Navy  to  repair  to  Washington,  in  order 
that  the  merits  of  the  case  may  be  perfectly  understood,  and  it  is 
considered  important  that  all  witnesses  in  the  case,  and  particularly 
yourself,  should  be  present.  It  is  also  desirable,  that  all  written 
testimony  that  can  be  had,  should  be  produced. 

You  will  therefore  call  on  Mr.  Stephen  Cabot,'  and  Messrs. 
Bergest  and  Whlhorn,  and  get  their  depositions  as  to  the  particu- 
lars of  the  robberies  on  their  stores,  explaining  to  them  the  object, 
and  the  great  importance  it  is  to  me,  that  proofs  should  be  had  that, 
the  robberies,  in  former  cases,  had  been  traced  to  Faxardo  and  its 
neighbourhood.  You  will  also  call  on  Messrs.  Ellis,  Gibson,  &  Co., 
John  Kettle,  Esq.,  Robert  Alexander,  Esq.,  Saubot,  Taubert,  &  Co. 
and  all  others  whose  stores  have  been  robbed,  and  ask  them  for 
their  depositions  respecting  the  particulars  of  the  robberies  ;  the 
tracing  of  them  to  Faxardo  ;  the  detection  of  the  perpetrators,  and 
particularly  in  the  case  of  Messrs.  Ellis,  Gibson,  &  Co.  ;  also  ask 
these  gentlemen,  as  well  as  Messrs.  Bergest  and, Whlhorn,  for  the 
original  attested  copies  of  all  correspondence  they  may  have  had  on 
the  subject  of  these,  with  Mr.  James  Campos,  or  any  other  person 
residing  at  Faxardo,  or  any  other  place  to  which  these  robbers  had 
been  traced. 

You  will  please  to  ask  Messrs.  Cabot,  Bailey,  &  Co.  to  assist  you 
in  collecting  all  the  testimony,  in  the  fullest  manner,  as  1  conceive 
it  to  be  of  the  highest  importance  to  the  mercantile  interest  of  the 
United  States,  that  the  landing  on  the  Spanish  coast  for  the  suppres- 
sion of  piracy,  and  the  holding  the  local  authorities  responsible, 
should  be  justified. 

When  you  have  collected  all  the  information  and  testimony  you 
can  obtain  on  the  subject,  you  will  repair  with  the  U.  S.  schoo- 
er  Beagle  to    Washington,    where    you   will   report  yourself   to- 
me.    With  great  respect,         (Signed,)  D.  PORTER. 
Lieut.  PLATT. 

38 


298 

WASHINGTON,  Oct.  20th,  1824.   . 

SIR  :  You    will  proceed,  accompanied  by  Midshipman    L.  M. 
Goldsborough  and  J.   Boarman,  in  the  United  States  schooner  Fox, 
now  at  this  place,  to  Pensacola  and  Tampa  Bay,  for  the  purpose  of 
surveying  those  places,  and  reporting  on  the  same  at  as  early  a 
day  as  possible. 

Your  examination  and  report  will  be  directed  to  the  following 
points,  to  wit :     The  depth  of  water  on  the  Bar. 
Very  respectfully, 

D.  PORTER. 
Lieut.  J.  W.  SHERBURNE. 


U.  S.  SHIP  JOHW  ADAMS,  Thompson's  Island,  Jan.  15th,  1825. 
SIR  :  You  will  proceed  to  the  port  of  Matanzas   with  the  barge 
Gallinipper,  and  there  await  my  arrival. 
Very  respectfully, 

(Signed,)  D.  PORTER, 

Acting  Lieut.  BENJAMIM  S.  GRIMKE. 


U.  S.  STEAM  GALLIOT  SEA  GDLL,  Havana,  June  20//i,  1825. 

SIR  :  You  will  proceed  with  the  barges  to  leeward,  inside  the 
Colorados,  as  far  as  Cape  Antonio,  in  pursuit  of  pirates,  search- 
ing in  your  way,  every  place  likely  to  give  them  shelter. 

Between  Porto  Coranas  and  Bahia  Honda  is  a  small  river  called 
Artigosa,  where  they  formerly  took  shelter,  and  where,  if  there 
are  any  on  the  coast,  they  may  probably  be  found.  Bayo  Blanco 
and  Rio  Puereos  are  also  suspicious  places,  and  require  to  be  well 
examined. 

You  will  use  every  means  in  your  power  to  preserve  a  good  un- 
derstanding with  the  authorities  of  the  places  you  may  visit,  and 
you  will  protect  the  honest  and  peaceable  inhabitant?;  but  whenever 
you  find  fishermen  without  their  families,  you  will  give  them  a 
rigid  examination,  and  if  you  find  them  without  license  and  with 
arms,  you  will  destroy  their  establishment,  and  if  there  is  good  and 
sufficient  reasons  to  believe  that  they  have  been  engaged  in  acts  of 
piracy,  you  will  bring  them  off  with  you  or  deliver  to  a  Spanish  ci- 
vil or  military  officer.  You  will  endeavour  to  get  back  to  the  John 
Adams  at  Thompson's  leland,  in  fifteen  or  twenty  days. 

Very  respectfully, 
(Signed)  D.  PORTER. 

Lieut.  GRIMKE. 

SEA  GPLL,  Port  Rodgers,  July  19th,  1823. 

SIR  :  On  your  arrival  at  Washington,  you  will  receive  the  schoo- 
ner Terrier,  from  Lieut.  Commandant  Rose,  and  proceed  to  get 
her  in  readiness  to  return  to  this  place  without  delay. 

The  Terrier  will  require  a  new  suit  of  sails,  caulking  ;  her  crew 
Completed  and  her  stores  replenished. 


299 

If  the  Secretary  of  the  Navy  should  not  appoint  a  commander,  you 
will,  as  soon  as  ready,  return  here  through  the  Crooked  Island  or 
Caucus  Passage,  and  down  the  south  side  of  Cuba.  touchin°-  at  St. 
Jago  and  Trinidada,  looking  in  at  Cape  Antonio,  and  shewing  your- 
self off  Havana. 

Should  a  commander  be  appointed,  you  will  hand  him  these  in* 
structions  for  his  Government;  you  will  apply  to  the  Board  of  Navy 
Commissioners  for  orders  respecting  the  repairs. 

Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Acting  Lieut.  WM.  McKEAN. 

Lieut.  Comd't  Hose  will  please  to  land  his  marines,  and  make  me 
a  return  of  the  officers,  seamen,  ordinary  seamen  and  boys,  on 
board  his  vessel.  Respectfully, 

(Signed)  D.  PORTER. 

SEA  GCLL,  July  19th,  1823. 

P.  S.  You  will  please  cause  all  the  sweeps  and  spare  oars  of  the 
Terrier  to  be  delivered  to  the  store  keeper  at  Allenton. 

(Signed,)  D.  P. 


Copy  of  a  Letter  from  Acting  Lieutenant  Alex,  B  Pinkham,  to  Commodore 
David  Porter,  communicated  to  the  Secretary  of  the  Navy,  dated 

U.  S.  SCHOONER  BEAGLE; 

Quarantine  Ground,  JV.  F.  Augutt  4,  1824. 

SIR  :  I  have  the  honour  to  acquaint  you  of  the  arrival  of  the  Bea- 
gle at  this  place,  in  eleven  days,  from  Thompson's  Island,  and  have 
also  the  painful  duty  of  announcing  to  you  the  death  of  the  late  com- 
mander of  this  vessel,  Lieut.  N.  L.  Montgomery,  who  died  on  the 
30th  ult.  in  lat.  35°  23'  north,  longitude  74°  30°,  in  consequence  of 
which  I  considered  it  my  duty  to  acquaint  you  with  the  events  of  our 
cruise,  in  continuation  of  a  report  commenced  by  Lieut.  Montgomery, 
found  among  his  papers,  and  hereto  attached. 

The  convoy  from  St.  Jago  de  Cuba,  consisted  of  the  brigs  Susan, 
of  Philadelphia,  Jane  and  Boston  Packet  of  Kennebunk  :  we  also 
fell  in  with,  off  Cape  Dona  Maria,  and  took  under  convoy,  the  Eng- 
lish ships  Glasgow  and  Caledonian,  from  Jamaica.  Having  accompa- 
nied the  convoy  through  the  Crooked  Island  passage,  as  far  as  Mat- 
land's  Island,  we  returned  to  St.  Jago,  (having  touched  at  Crooked 
Island  to  fill  up  our  water,)  on  the  21st  of  June;  we  sailed  from, 
thence  on  the  22nd,  and  arrived  at  Trinidad  on  the  27th. 

Sailed  from  thence  on  the  4th  July,  having  under  convoy  the  brigs 
Florida  of  Boston.  Mary  and  Eliza  of  Sandwich,  schooner  Hannah, 
of  Boston,  and  the  French  brig  Due  d'Angouleme.  Parted  compa- 
ny with  the  convoy  on  the  9th,  off  Cape  Antonio,  in  order  to  make 
the  best  of  our  way  to  Havana,  in  consequence  of  the  sickly  state 
of  the  officers  and  crew,  the  yellow  fever  having  made  its  appear- 
ance on  board  on  the  6th,  of  which  disease  sjx  persons,  including 


300 

Lieut.  Commandant  Montgomery,  have  died.     More  than  half  the 
crew  were  attacked,  but  most  of  them  have  recovered. 

On  the  20th  we  arrived  at  Havana,  filled  up  our  water,  and  sailed 
same  day.  On  the  22d,  arrived  at  Thompson's  Island,  and  having 
received  the  necessary  supplies  of  provisions,  sailed  from  thence  on 
the  24th.  You  may  rest  assured,  sir,  thai  the  disease  did  not  origin- 
ate from  any  local  cause.  The  general  regard  to  cleanliness  observ- 
ed on  board  the  vessel,  and  Lieut.  Com.  Montgomery's  attention  to 
the  comforts  of  the  crew,  would  impress  a  belief  that  it  originated 
from  the  unhe'althiness  of  the  climate,  and  of  the  ports  we  lay  in. 

1  have  the  honour  to  enclose  you  a  correspondence  between  Lt. 
Com.  Montgomery  and  the  Governor  of  Trinidad,  with  other  papers; 
also,  a  list  of  the  officers  and  crew  of  the  Beagle. 

In  consequence  of  the  disability  of  my  right  arm  from  the  effects 
of  a  voilent  attack  of  the  yellow  fever,  from  which  I  am  yet  much 
debilitated,  I  atn  not  able  to  sign  my  name,  but  1  have  the  honour  to 
be,  very  respectfully,  your  most  obedient  servant, 

ALEX,  x    B.  P1NKHAM,  AcCg  Lieut. 

mark 
Cora.  D.  PORTER,  £fc.  Sfc.  8fc. 

WASHINGTON,  August  lllh,  1824. 

Sin  :  I  have  received  your  communication  of  the  4th,  announc- 
ing the  arrival  of  the  Beagle,  and  the  melancholy  news  of  the 
death  of  Lieut.  Montgomery  and  several  of  the  crew.  I  hope  sin- 
cerely tha,t  those  who  have  been  attacked  with  the  fever  may  soon 
recover,  and  it  is  my  wish,  that  every  comfort  that  they  may  re- 
quire, may  be  furnished  them,  so  far  as  circumstances  will  permit. 

The  Beagle  must  be  got  ready  for  sea  again  with  all  possible  de" 
spatch,  and  her  crew  is  to  be  filled  up  by  requisition  on  the  recruit- 
ing officer. 

Capt.  Finch  will  give  you  more  detailed  instructions  when  ne- 
cessary. Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER, 

Acting  Lieut.  A.  B.  PINCKHAM. 


SEA  GULL,  Port  Rodger •*,  July  14th,  1823. 

SIR  :  The  services  of  every  officer  who  can  attend  to  duty  will 
be  required,  on  the  intended  expedition,  and  I  cannot  feel  myself 
justifiable  in  permitting  any  one  to  return  to  the  United  States  as 
sick    except  under  a  sick  ticket  from  the  physician. 
Very  respectfully,  your  obedient, 

(Signed,)  D.  PORTER. 

Lieut.  R.  M.  POTTER. 

U.  S.  SHIP  JOHN  ADAMS,  Craney  Island,  Dec.  30th,  1823. 
SIR  :  You  will  proceed  with  the  United  States'  ship  Decoy   to 
Thompson's  Island,   running  down  the   south  side   of  Caba.     On 


301 

your  arrival  there,  you  will  receive  further  instructions  from  Mas5- 
ter  Commandant  Jesse  Wilkinson,  to  whom  I  refer  you  in  all  cases 
of  difficulty,  either  in  deciding  on  the  character  of  vessels  you 
jnay  meet  with,  or  other  circumstances.  I  enclose  to  you  uiy 
general  instructions  as  to  the  duties  of  officers. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  F.  B.  GAMBLE. 


MATANZAS,  May  4th,  1«24. 

SIR  :  You  will  proceed  to  New  York  with  the  United  States' 
ship  Decoy  ; — take  in  a  supply  of  stores  for  the  squadron  under  my 
command,  and  return  with  all  possible  despatch  to  Thompson's  Is- 
land. 

The  men  whose  terms  of  service  have  expired,   are  to   be  dis- 
charged, and  others  are  to  be  got  to  supply  their  places. 
Very  respectfully,  your  obedient  servant, 

D.  PORTER, 
Lieut.  Commandant  F.  B.  GAMBLE. 

U.  S.  SHIP  PEACOCK,  dguada,  March  lllh,  1823. 
SIR  :  You  will  proceed  with  the  Sea  Gull  under  your  command, 
accompanied  by  the  Fox,  down  through  the  Old  Streights  of  Baha- 
ma, to  Thompson's  Island. 

With  great  respect,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  WM.  H.  WATSON. 


U.  S.  GALLIOT  SEA  GULL,  Allenlon,  May  10th,  1823. 
SIR:  You  will  take  command  of  the  barges  Gallinipper,  Musque- 
tp,  and  the  two  schooners  Weazle,  and  Fox  : — with  them  you  will 
proceed  in  search  of  pirates  in  the  Old  Streights  of  Bahama.  If 
your  provisions  will  hold  out,  and  circumstances  will  make  it  in 
your  opinion  necessary  and  proper,  you  will  extend  your  cruise  so 
as  to  make  the  complete  circuit  of  the  Island,  returning  by  the  way 
of  Antonio. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Commandant  WM.  H.  WATSON. 


Lieutenant  Commandant  Watson  to  Commodore  Porter. 

U.  S.  GALLIOT  SEA  GULL, 
Alknton,  Thompson's  Island,  July  11,  1823. 

SIR  :  Having  had  the  honour  to  report  the  circumstances  attend- 
ing the  cruise  of  the  division  under  my  orders,  prior  to  our  separa- 
tion off  St.  John  de  los  Remedies,  1  have  now  to  communicate,  for 
your  information,  my  subsequent  proceedings,  in  the  barges  Galli- 
nipper  and  Musquito. 

After  a  strict  examination  of  the  Coast  and  Islands,  from  Cayo 
Francis  to  Cayo  Blanco,  in  the  vicinity  of  Point  Hycacos,  whilst 


302 

cruising  in  Siguapa  Bay,  we  discovered  a  large  tepsaii  schooner, 
with  a  launch  in  company,  working  up  to  an  anchorage,  at  which 
several  merchant  vessels  were  then  lying. 

Being  to  windward,  I  bore  up  in  the  Gallinipper,  for  the  purpose 
of  ascertaining  their  characters,  and,  when  within  gun-shot,  per- 
ceiving the  large  vessel  to  be  well  armed,  and  her  deck  filled  with* 
men,  I  hoisted  our  colours  ;  on  seeing  which,  they  displayed  the 
Spanish  flag,  and  the  schooner  having  brailed  up  her  foresail,  and 
commenced  firing  at  the  Gallinipper,  I  immediately  kept  away, 
and  ran  down  upon  her  weather  quarter,  making  signal,  at  the  same 
time,  for  the  Mosquito  to  close.  Having  much  the  advantage  in 
sailing,  they  did  not  permit  us  to  do  so,  but  made  all  sail  before  the 
wind  for  the  village  of  Siguapa,  to  which  place  we  pursued  them, 
and,  after  a  short  action,  succeeded  in  taking  both  vessels,  and  ef- 
fecting the  almost  total  destruction  of  their  crews,  "amounting,  as 
nearly  as  could  be  ascertained  at  the  time,  to  50  or  60  men  ;  but, 
as  we  are  since  informed,  to  seventy  or  eighty.  They  engaged  us 
without  colours  of  any  description,  having  hauled  down  the  Spanish 
flag  after  firing  the  first  gun  ;  and,  on  approaching  to  board,  (our 
men  giving  three  cheers  and  discharging  their  muskets)  the  pirates 
fled  precipitately,  some  to  their  launch,  (lying  in  shore,  from 
whence  a  fire  was  still  kept  up)  whilst  others  endeavoured  to  es- 
cape by  swimming  to  the  land.  A  volley  of  musketry,  directed  at 
the  launch,  completed  their  disorder,  and  drove  them  into  the  sea  ; 
but,  the  boats  going  rapidly  through  the  water,  cut  off  their  retreat, 
with  the  exception  of  fifteen,  eleven  of  whom  were  killed  or  des*- 
perately  wounded,  and  taken  prisoners  by  our  men,  who  landed  in 
pursuit ;  and  the  remaining  four  apprehended  by  the  local  authori- 
ties, and  sent  to  Matanzas. 

The  larger  vessel  was  called  the  Catilina,  commanded  by  the  ce- 
lebrated pirate  Diabolito,  taken,  some  weeks  since,  from  the  Spa- 
niards, between  Havana  and  Matanzas,  carried  to  Siguapa  Bay, 
where  she  received  her  armament — had  captured"  nothing,  this  be- 
ing the  commencement  of  her  piratical  cruise. 

1  cannot  close  this  communication  without  performing  a  most 
pleasing  task,  in  reporting  the  active  gallantry  and  good  conduct  of 
my  officers  and  men,  none  of  whom  sustained  the  slightest  injury  in 
the  action,  the  result  of  which  is,  I  trust,  sufficient  to  satisfy  you 
that  all  under  my  orders  did  their  duty,  particularly  when  it  is 
considered  that  we  had  but  twenty-six  men,  opposed  to  a  force  of 
piratical  vessels  well  supplied  with  arms  of  all  kinds,  amongst  which 
was  one  long  nine  and  two  six  pounders. 

1  have  much  pleasure  in  naming,  as  my  associates,  Lieut.  Inman, 
Acting  S.  Master  Bainbridge,  Dr.  Babbit,  Midshipmen  Harwood  and 
Taylor,  and  Messrs.  Webb  and  Grice,  who  obeyed  and  executed 
all  orders  and  signals,  with  a  promptitude  and  zeal  which  could  not 
be  exceeded. 

I  have  the  honour  to  be,  very  respectfully,  your  obed't  serv't, 

vv.  H.  WATSON. 

Commodore  D.  PORTER,  Comd'g  U.  S.  Naval  Forces  m  the  W.  Indies 
and  Gulf  o 


303 

(Extract.) 
SEA  COM.,  Port  Rodgers,  July  I3lh,  1823. 

Srfi.:  You  will  take  command  of  the  barges,  Gallinipper,  Mus- 
queto,  Medge,  Sand  Fly,  Grab-all,  and  Decibolita,  all  get  then 
away  for  sea,  with  all  despatch.  When  ready,  you  will  please  tQ 
inform  me. 

The  Gallinipper  and  Musqueto  will  be  manned  from  this  vessel; 
the  Medge  from  the  Hornet,  and  the  Sand  Fly  and  others,  from  the 
ships  which  may  hereafter  arrive.         (Signed)      D.  PORTER. 
Directed  to  Lieut.  Commandant  WM.  H.  WATSON. 


U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  April  21, 1824. 

SIR  :  If,  on  your  arrival  at  Jamaica,  our  merchants  there  should 
have  any  considerable  amount  of  specie,  to  transport  either  to  St. 
Jago,  Havana,  or  the  United  States,  you  are  at  liberty  to  depart 
from  my  instructions  of  this  date,  so  far  as  to  accommodate  them 
with  a  conveyance  for  it  in  your  vessel,  giving  me,  or  the  com- 
manding officer  here,  the  earliest  intelligence  on  the  subject. 

1  have  read  to  you  the  instructions  of  the  Honourable  Secretary 
of  the  Navy,  relative  to  the  transportation  of  treasures.  I  have  no 
apprehension  that  you  will  go  beyond  the  authority  given.  *  It  is 
therefore  needless  to  make  any  further  communication  on  the  sub- 
ject. I  will  merely  remark,  however,  that  none  of  the  vessels  of 
war,  under  my  command,  must,  on  any  account  whatever,  and  un- 
der any  inducements,  be  used  for  the  purposes  of  commercial  ad- 
venture. You  can  carry  treasures  of  our  citizens  from  one  port  or 
place  to  another,  and  you  can  take  it  to  the  United  States,  but  no- 
thing in  the  shape  of  public  advertisements,  must  appear,  and  in  all 
your  intercourse  with  the  authorities  of  the  places  you  may  visit, 
make  frank  acknowledgments  of  tha  motives  which  brought  you 
there.  Let  all  your  transactions  in  this  respect  be  open,  and  not 
liable  to  misapprehension.  Nothing,  whatever,  in  the  shape  of 
clandestine  shipments  must  be  countenanced. 

For  the  information  of  the  Government,  you  will,  on  joining  me, 
report  to  me  the  amount  of  treasures  on  board  your  vessel,  where 
taken  from,  where  destined,  and  the  circumstances,  terms  and  con- 
ditions, on  which  you  have  taken  them. 

Wishing  you  a  pleasant  and  profitable  cruise,  I  an?,  very  respect- 
fully, (Signed)  D.  PORTER. 

Lieut.  Comd.  N.  L.  MONTGOMERY. 


U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  April  12th,  1824. 

SIR  :  You  will  proceed  with  the  U.  S.  schooner  Grey  Hound, 
under  your  command,  to  Matanzas,  and  thence  to  Havana,  with  the 
enclosed  general  order,  which  you  will  shew  to  the  commanders  of 
such  of  the  small  schooners  as  may  be  at  either  of  these  places,  or 
as  you  may  meet  with  on  the  coast. 

You  will  collect  all  the  letters  and  papers  at  Matanzas  and  Hava- 
na for  the  squadron,  and  send  them  over  to  this  place  in  one  of  the 
schooners. 


304 

From  Havana  you  will  proceed  to  the  west  end  of  Cuba,  anchor- 
ing near  Cape  Antonio,  and  there  wait  the  arrival  of  the  barges, 
under  the  command  of  Captain  Wilkinson,  from  whom  you  will  re- 
ceive your  further  instructions. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Lieut.  Comdt.  RAT. 


MATANZAS,  May  4th,  1824. 

SIR  :  You  will  proceed  to  Havana,  with  the  United  States'  schr. 
Grey  Hound,  and  there  receive  on  board  such  specie  as  may  offer 
for  the  United  States,  at  2  per  cent,  freight.  You  will  be  particu- 
larly careful,  that  nothing  in  the  shape  of  advertisements  are  put 
forth,  and  that  no  clandestine  shipments  are  made  ;  and  you  will 
make  me  an  accurate  return  of  the  amount  taken  on  board,  the 
names  of  the  shippers,  and  all  the  circumstances  attending  the  same, 
in  order  that  1  may  transmit  it  to  the  Government. 

When  ready  for  sea,  you  will  proceed  to  New  York,  land  the 
specie,  and  deliver  the  Grey  Hound  to  the  Commandant  of  the  Na- 
vy Yard,  to  be  coppered  and  repaired.  As  soon  as  her  repairs, 
&c.  are  completed,  you  will  return  to  Thompson's  Island,  by  the 
way  o'fSt.  Bartholomews  and  St.  Thomas. 

Very  respectfully,  &c.  (Signed)  D.  PORTER. 

Lieut.  Comdt.  RAY. 

Commodore  Porter  to  Captain  John  Porter. 

U.  S.  SHIP  PEACOCK,  March  4,  1823. 

SIR  :  You  will  proceed  to  the  port  of  St.  John's,  in  the  harbour 
of  Porto  Rico,  and  deliver  the  accompanying  letter  to  the  Governor. 
You  will  there  wait,  if  necessary,  two  days,  for  the  answer,  ap- 
prizing him  of  your  intention  so  to  do  ;  and  at  the  expiration  of  that 
time,  you  will  proceed  to  join  me,  either  off  the  harbour,  or  at  the 
port  of  Aguada,  at  the  west  end  of  the  island,  where  I  shall.water, 
the  squadron. 

I  have  the  honour  to  be,  very  respectfully,  your  ob't  serv't, 

D.  PORTER. 
To  Captain  JOHS  PORTER,  U.  S.  Schooner  Greyhound. 


U.  S.  SHIP  PEACOCK,  dguada,  March  11,  1823. 

SIR  :  You  will  proceed  with  the  U.  S.  schooner  Grey  Hound. 
Tinder  your  command,  to  Thompson's  Island,  taking  with  yon  the 
Ferret,  Terrier,  and  Weazel. 

You  will  run  down  the  south  sides  of  St  Domingo  and  Cuba,  giv- 
ing the  coasts  of  both  these  islands  a  thorough  examination. 

You  will  remain  at  Thompson's  Island  until  my  arrival. 

With  great  respect,  I  have  the  honour  to  be,  your  obed't  serv't, 

(Signed)  D.  PORTER. 

tfa'pt.  JOHH  PORTER. 


305 

MATANZAS,  June  6/ft,  1824, 

SIR  :  Being  about  to  return  to  Washington,  and  the  season  when 
we  may  expect  sickness  approaching.  I  have  to  direct  that  such  at" 
the  small  vessels  now  absent  from  this  neighbourhood,  are  to  be  dU 
rected  to  repair  to  New-York  as  fast  as  they  may  arrive  at  the  Is- 
land. The  Ferret,  Lieut.  Com.  Mclntosh,  is  to  remain  on  the  sta- 
tion, as  also  the  Grey  Hound,  on  her  return  from  New-York.  The 
Wild  Cat.  Lieut.  Com.  Legare,  I  shall  for  Washington,  to  re- 
turn to  the  station  immediately,  where  she  will  remain  subject  to 
my  further  orders.  Of  the  large  vessels,  the  Hornet  and  Porpoise 
have  been  directed  to  remain  in  the  neighbourhood  of  Havana, 
Matanzas,  and  Thompson's  Island,  for  the  protection  of  our  com- 
merce. All  the  rest  will  proceed  to  New- York,  with  the  excep- 
tion of  the  Decoy,  which  ship  will  remain  at  Thompson's  Island  for 
my  further  orders.  The  cargo  she  may  bring  out,  is  to  be  disposed 
of  in  the  stores  to  the  best  advantage. 

You  will  keep  me  regularly  informed,  by  every  opportunity,  of 
the  occurrences  on  the  station,  its  state,  and  condition. 

It  is  probable  my  return  to  the  Island  will  be  about  the  last  of 
October,  or  the  beginning  of  November. 

I  hope,  sir,  that  every  thing  will  be  conducted  with  the  greatest 
economy  and  prudence,  and  that  nothing  will  be  done  to  disturb 
the  good  understanding  which  now  happily  exists  between  the  squad- 
ron and  the  authorities  of  Cuba. 

The  completion  of  the  buildings,  and  other  works  going  on,  is  to 
be  expedited  with  all  the  means  in  your  power.  I  am,  sir,  very  re- 
spectfully, your  obedient  servant, 

(Signed,)  D.  PORTER. 

To  the  Commanding  Officer  at  Thompson^  Island. 


WASHINGTON,  August  12th,  1824. 

Sm  :  I  enclose  you  copy  of  instructions  from  the  Secretary  of 
the  Navy,  which  you  will  cause  to  be  executed  whenever  one  of 
the  small  schooners  can  be  spared  for  the  service. 
Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER 

The  Senior  Officer,  Thompson's  Island. 


MATANZAS,  July  7th,  1824. 

SIR  :  Understanding  by  the  public  prints,  that  you  have  been  direct- 
ed to  take  the  Minister  to  Mexico,  I  have  to  direct  that,  (after  the  per- 
formance of  this  service,  or  any  other  confided  to  you  by  the  Sec- 
retary of  the  Navy,)  you  remain  in  the  neighbourhood  of  Havana, 
Matanzas,  and  Thompson's  Island,  for  the  protection  of  our  com- 
merce, until  further  orders,  unless  you  should  have  on  board  mo- 
nies belonging  to  our  merchants  destined  for  the  United  States  ;  in 
which  case  you  will  proceed  to  New- York,  reporting  to  me  your 
arrival  there,  should  I  be  in  Washington  :  but  in  case  I  shall  have 

39 


306 

left  the  United  States,  you  will,  after  landing  the  money,  repair  to 
Thompson's  Island,  visiting  in  yonr  way  there  St.  Bartholomews, 
St.  Thomas,  coasting  down  the  south  side  of  Porto  Rico,  St.  Do- 
mingo and  Cuba.  Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Commanding  Officer  of  ike  U.  S.  Scfi.  Porpoise. 


Official  communications  between  Commodore  Porter  and 
the  constituted  authorities  of  the  West  India  Islands i 

Commodore  Porter  to  the  Governor  of  Porto  Rico. 

U.  S.  SHIP  PEACOCK,  March  4//i,  1823. 

YOUR  EXCELLENCY  :  1  have  the  honour  to  inform  you,  that,  in  pur- 
suance of  orders  from  my  Government,  1  have  taken  command  of 
all  the  United  States'  naval  forces  in  these  seas,  for  the  protection 
of  the  commerce  of  the  United  States'  against  all  unlawful  interrup- 
tions ;  to  guard  the  rights,  both  of  property  and  person,  of  our  citi- 
zens, whenever  it  shall  become  necessary  ;  and  for  the  suppression 
cf  piracy  and  the  slave  trade. 

As  great  complaints  have  been  made  of  the  interruption  and  injury 
to  our  commerce  by  privateer?,  fitted  out  from  Spanish  ports,  I  must 
beg  your  Excellency  to  furnish  me  a  descriptive  list  of  vessels,  le- 
gally commissioned  to  cruize  from  Porto  Rico,  with  a  set  of  the 
blank  forms  of  the«e  papers,  that  I  may  know  how  and  when  to 
resperct  them,  if  I  should  meet  with  any  of  them. 

1  must  also  beg  your  Excellency  to  inform  me,  how  far  they  have 
been  instructed  lo  interrupt  our  trade  with  Mexico  and  the  Colom- 
bian Republic,  and  whatever  instructions  or  authorities  they  may 
have,  affecting  our  commerce  generally. 

As  the  suppression  of  piracy,  the  principal  motive  for  my  visit  to 
these  seas,  is  an  object  that  concerns  all  nations,  (all  being  parties 
against  them,  and  may  be  considered  allies,)  I  confidently  look  to 
all  for  co-operation,  whenever  it  may  be  necessary,  or,  at  least  their 
favourable  and  friendly  support;  and  to  none,  more  than  to  those 
most  exposed  to  their  depredations,  I  therefore  look  with  confidence 
to  your  Excellency  for  the  aid  of  such  means  as  may  be  in  your 
power  for  their  suppression  ;  and,  in  the  absence  of  means,  I  beg  to 
assure  your  Excellency,  that,  whatever  course  may  be  pursued  b}r 
me,  to  destroy  these  enemies  of  the  human  race,  it  will  have  no  other 
aim  ;  and  I  shall  observe  the  utmost  caution,  not  to  encroach  on  the 
rights,  or  willingly  offend  the  feelings  of  others,  either  in  substance 
or  in  form,  in  all  the  measures  which  may  be  adopted  to  accomplish 
the  end  in  view. 

It  will  afford  me  sincere  pleasure,  should  I  be  so  fortunate  as  to 
fulfil  the  expectations  of  my  Government,  and  at  the  same  time  pre- 
serve harmony  and  a  good  understanding  with  those,  with  whom 
I  may  be  so  unfortunate  as  to  come  into  collision  or  discussion,  in 


307 

relation  thereto  ;  indeed,  it  will  add  much  to  my  happiness,  if  it  can 
be  avoided  altogether. 

That  such  is  my  sincere  wish,  and  that  the  objects  set  forth  by 
me,  are  the  only  ones  which  brought  me  to  these  seas,  1  beg  leave 
to  assure  your  Excellency  in  the  most  positive  and  unequivocal 
terms. 

With  the  highest  respect,  I  have  the  honour  to  be,  your  Excellen- 
cy's very  obed't  and  humble  serv't,  DAVID  PORTER. 

His  Excellency   the  GOVERNOR  OF  PORTO  Rico. 

Captain  General  of  Porto  Rico  to  Commodore  Porter. 

Office  of  the  Captain  General  of  Puerto  Rico. 

MOST  EXCELLENT  SIR  :  1  have  this  moment  received  the  very  es 
tunable  letter  of  your  Excellency,  dated  the  4th  of  the  present  month, 
in  which  your  Excellency  has  been  pleased  to  communicate  to  me  the 
important  commission,  which  has  been  entrusted  to  you  by  a  Gov- 
ernment, that  claims  the  respect  of  all  the  territories  within  its  in- 
fluence. 

I  have  the  satisfaction  of  forwarding  to  your  Excellency,  a  nomi- 
nal report  of  the  privateer  vessels,  which  have  been  armed  and  des- 
patched, for  the  purpose  of  cruising,  by  the  competent  authority  in 
this  Island,  agreeably  to  the  request  which  your  Excellency  has 
made  me  in  the  letter  of  that  date  ;  and  I  am  extremely  sorry  to  find 
myself  so  situated,  that  I  cannot  comply  with  the  wishes  of  your  Ex- 
cellency, in  regard  to  my  transmitting  to  you  a  set  of  blank  forms, 
for  the  purpose  of  enabling  your  Excellency  how  and  when  to  res- 
pect their  commissions.  The  diplomas  which  they  receive  come 
from  our  court,  already  signed,  by  his  most  Catholic  Majesty  and  the 
Minister  to  whom  this  office  pertains  ;  leaving,  in  these  cases,  the  na- 
val authority  here,  limited  only  to  the  filling  of  the  blank  spaces  in. 
them,  with  the  name  of  the  Captain  and  of  the  vessel.  Thus  situat- 
ed, it  is  impossible  for  me  to  accede  to  your  circumspect  views  in 
this  particular  object.  But,  nevertheless,  if  it  should,  on  occasion, 
appear  requisite  to  your  Excellency,  the  said  diplomas  or  commis- 
sions can  be  examined,  together  with  a  blank  signature  of  the  Cap- 
tain of  this  Port,  in  order  that  a  sufficient  ground  may  be  establish- 
ed for  comparing  this  signature  with  those  which  mav  be  presented, 
keeping  in  view  the  prospectus  of  those  with  which  the  said  priva- 
teers are  cruising. 

I  am,  likewise,  asked  by  your  Excellency  for  information,  how 
far  my  instructions  are  extended,  for  interrupting  the  commerce  of 
the  United  States  with  Mexico  and  the  Republic  of  Colombia  ;  and, 
for  your  gratification,  it  is  my  duty  to  declare,  that  I  find  myself  suf- 
ficiently instructed  to  state,  that  the  blockade,  which  was  established 
on  all  the  coasts  and  ports  of  the  provinces  of  Venezuela,  has  been 
raised.  Under  these  circumstances,  I  consider  the  commerce  of  the 
United  States  to  be  in  free  capacity  for  an  intercourse  with  that  of 
the  places  formerly  blockaded  ;  reserving,  however,  for  lawful  cap- 
ture, the  vessels  of  any  nation  which  shall  be  found  conveying  imjile- 


508 

merits  of  war  to  the  insurgents  or  people  disposed  to  co-operate  with 
them  in  their  military  resistance.  1  can  give  your  Excellency  no 
certain  information  concerning  Mexico,  but  it  is  my  opinion,  that  the 
circumstances  and  condition,  are  to  be  found  the  same  as  those  of 
Venezuela. 

The  very  important  objects  to  which  your  commission  into  these? 
seas  is  directed,  and  your  good  intention  and  views,  afford  me  the 
greatest  satisfaction,  and  hasten  me  to  manifest  myself  to  your  Ex- 
cellency, as  at  the  instant  I  now  do,  in  order  to  assure  you,  that  all 
within  the  scope  of  my  authority  and  faculty  in  this  Island,  as  one  of 
the  places  most  interested  in  the  flourishing  of  commerce,  and  the 
revival,  if  possible,  of  good  faith  and  due  respect  to  the  property  of 
the  citizens. 

Trusting  that  your  Excellency  may  be  able  to  fulfil  the  desires  of 
your  Government  in  this  important  charge,  and  that  they  may  be 
ever  more  and  more  happy  in  their  election  : 

I  have  the  honour  of  being,  with  the  greatest  respect,  your  Excel-, 
lency's  most  attentive  and  sure  servant,  who  kisses  your  hands. 

Excellentissimo  Senor  MIGUEL  DE   LA  TORRE. 

PUERTO  Rico,  &th  March,  1823. 

Most  Excellent  Sir,  Commander  of  the  Squadron  of  the  United  Stales, 
in  the  offing  of  this  Port,  D.  DAVID  PORTER. 


Office  of  the  Captain  General  of  Porto  Rico. 

MOST  EXCELLENT  SIR  :  At  noon,  this  day,  just  as  I  arrived  from 
the  village  of  Caguus,  where  I  received,  at  8  o'clock  this  morning,  the 
official  letter  of  the  King's  Lieutenant  Commandant  of  this  place, 
advising  me  of  the  arrival  of  the  squadron  under  the  command  of 
your  excellency,  with  a  disposition  to  enter  this  port,  1  have  been 
inauspiciously  informed  of  the  misfortune  occurring  in  the  death  of 
the  commander  of  a  schooner  of  war  belonging  to  the  squadron, 
which,  it  seems,  persisted  in  entering  the  port,  notwithstanding  his 
having  been  warned  by  the  fort  to  desist  from  his  undertaking,  by  a 
discharge  of  two  cannons,  the  first  with  a  blank  cartridge,  and  the 
other  at  an  elevation,  with  a  ball.  But  the  garrison,  in  seeing  his 
obstinacy,  followed,  with  an  extraordinary  rigour,  the  orders  for 
hindering  the  entrance  of  the  squadron  till  my  arrival,  according  to 
the  determination  formed  by  the  said  Lieutenant  of  the  place  yes- 
terday. I  wish  to  persuade  the  mind  of  your  excellency  into  a 
consciousness  of  the  sorrow  which  this  event,  so  mournful  and  un- 
fortunate, has  caused  me  :  so  much  the  more  painful,  inasmuch  as 
it  has  happened  in  a  place  in  the  district  under  my  command,  and 
on  an  individual  under  the  orders  of  your  excellency,  and  a  citizen 
of  the  United  States — of  a  nation,  with  whom,  in  all  acceptations, 
the  Spaniards  of  both  hemispheres  are  found  united. 

So  unexpected  a  misfortune,  which,  it  seems,  ought  never  to  be 
feared  in  friendly  establishments,  appears  to  carry  on  itself  a  char- 
acter of  criminality,  which  more  and  more  aggrieves  my  feelings. 


But  the  juncture  of  the  circumstances  which  have  conspired  to- 
wards this  fatality,  according  to  the  information  received  by  me,  i3 
such,  that,  if  your  excellency  will  be  pleased  to  examine  it  with 
impartiality,  you  will  perceive,  that,  if  the  facts  are  not  sufficient 
to  mitigate  the  regret,  they  are,  at  least,  enough  to  prove,  that  there 
has  been  no  intention  of  failing  in  regard  to  your  excellency,  nor 
of  offending  any  citizen  of  the  United  States,  and  much  less  their 
Government. 

The  Lieutenant  of  the  King,  and  Commandant  of  the  place, 
grounded  on  various  reasons,  of  which  it  is  not  important  to  trouble 
your  excellency  with  a  citation,  but  of  which,  however,  I  will 
point  out  a  few,  believed  that  he  ought  not  permit  the  entering  of 
the  squadron  until  my  arrival  One  of  his  motives  arose  from  his 
recollecting  that,  during  the  last  year,  an  expedition  was  armed  in  the 
ports  of  North  America,  against  this  Island,  and  placed  under  the 
command  of  a  man  named-  Decoudray  Holstein,  which  expedition 
actually  went  into  the  port  of  St.  Bartholomew,  under  the  American 
flag.  And,  among  his  other  reasons,  were  the  following  :  It  has 
been  reported  here,  that  another  similar  expedition  is  this  year  in 
preparation  ;  that  the  schooners  alluded  to,  on  their  entering,  yes- 
terday, would  not  receive  the  pilots  on  board  unles-*  they  practised 
with  particular  plans  of  the  harbour,  and  the  lead  in  their  hand,  of 
which  the  Captain  of  the  Port  made  his  complaint ;  that,  when  the 
efficers  came  on  shore,  a  rumour  was  spread  that  they  were  saying 
Spain  had  ceded  this  island,  and  that  of  Cuba,  to  the  English,  which 
relation  they  confirmed  to  the  Lieutenant  of  the  King,  as  he  hits- 
self  has  assured  me  :  that  their  not  having  presented  to  him  the 
writing,  nor  any  expression  from  your  excellency,  he  suspected 
he  had  found  something  alarming  in  these  rumours,  and  not  suf- 
ficient proofs  that  these  were  national  vessels,  merely  by  the  uni- 
form in  which  the  officers  were  dressed. 

These  are  some  of  the  reasons  which  he  has  informed  me  he  had 
in  view  in  not  consenting  to  the  entrance  of  the  squadron  until  my 
arrival ;  and,  in  consequence  of  them,  he  despatched  his  orders  to  the 
Castje  of  the  Moro,  not  for  the  purpose  of  committing  hostilities,  but 
merely  preventive  orders.  He  sent  an  adjutant,  at  half  past  6 
o'clock  in  the  morning,  accompanied  by  an  interpreter,  on  board 
one  of  the  schooners  under  the  command  of  your  excellency,  to 
entreat  her  commander  to  be  so  good  as  to  call  on  the  Government, 
in  order  to  agree  with  them  on  the  means  and  form  of  making 
known  to  your  excellency  this  their  determination.  Unfortunately, 
the  commander  of  the  American  vessel  deferred,  in  the  first  place, 
his  seeing  the  Lieutenant  of  the  King  until  one  o'clock  in  the  after- 
noon ;  and,  provoked  by  the  adjutant  to  view  it  as  an  urgent  case, 
and  to  consider  duly  the  cause  of  his  being  disturbed,  and  of  which 
he  was  fully  informed,  this  commander  promised  the  adjutant  that 
he  would  go  to  the  Government  as  soon  as  he  could  dress  himself. 
By  an  unheard  of  fatality,  he  did  not  accomplish  this  promise  un- 
fij  after  his  hearing  the  firing  of  the  cannons  at  the  Moro,  which 


might  have  been  avoided  had  he  only  presented  himself  for  ao  in- 
terview  with  the  commandant  of  the  place. 

The  remissness  of  this  officer,  and  the  pertinacity  of  him  who 
commanded  the  schooner,  in  his  not  suspending  his  entering,  in 
spite  of  the  cannon  that  was  fired  without  a  shot,  and  without  wait- 
ing for  a  pilot  ;  hut,  notwithstanding  this,  and  the  second  discharge 
of  a  gun,  at  an  elevation,  to  crowd  sail,  in  order,  at  all  events,  to 
gain  the  port ;  these  acts,  most  excellent  sir,  have  been  the  means 
of  depriving  the  United  States  of  a  citizen,  your  excellency  of  an  offi- 
cer, of  fillingPuerto  Rico  with  mourning,  and  myself  with  inexpressi- 
ble sorrow.  I  feel  it  to  be  my  duty  to  assure  your  excellency,  that 
the  orders  issued  by  the  lieutenant  of  the  king,  and  commandant 
general  of  the  place,  were  by  no  means  intendedHo  commit  hostili- 
ties, or  offence  against  the  vessels  ;  but  as  the  firing  was  made  at  an 
elevation,  either  the  tumbling  of  the  sea,  or  perhaps  some  bad 
pointing,  must  have  been  the  cause  why  the  fourth  discharge  should 
produce  such  a  fatal  effect. 

Immediately  on  my  return  to  this  place,  I  gave  orders,  that  all  the 
vessels  under  the  command  of  your  excellency,  of  whatever  de- 
scription, may  enter  freely  into  this  harbour,  as  into  a  port  of 
friends,  where  they  will  meet  that  reception  which  the  law  of  na- 
tions assigns  to  those  who  claim  a  title  to  civilization,  and  other  priv- 
ileges, secured  by  the  treaties  of  friendship  existing  between  the 
two  nations.  In  this  act,  I  anticipate  for  myself  the  satisfaction  of 
being  able  to  manifest,  personally,  all  the  consideration  which  your 
person  merits  from  me,  and  my  regret  for  so  mournful  and  disagree- 
able an  event. 

May  God  preserve  your  excellency  many  years. 
Excellentis.*imo  Senor. 

MIGUEL  DE  LA  TORRE. 

Puerto  Rico,  6th  March,  1C23. 

To  the  most  excellent  Commander  in  Chief  of  the  Anglo  American  Squadron, 
in  the  offing  of  Puerto  Rico,  D.  DAVID  PORTER. 

Office  of  the  Captain  General  of  Puerto  Rico. 

MOST  EXCELLENT  SIR:  One  of  the  first  objects  of  my  attention, 
as  soon  as  I  was  informed  of  the  mournful  accident,  concerning 
which  I  wrote  to  your  excellency  in  my  letter  of  yesterday,  was  to 
acquaint  myself  with  the  actual  condition  of  the  wounded  individual, 
in  order  that  he  should  be  located  where  the  duties  of  friendship 
might  be  exercised  for  his  accommodation  and  comforts  ;  but,  being 
certified  that  he  had  died,  during  the  transaction  before  related, 
I  could  do  no  otherwise  than  give  my  orders,  that  his  funeral  should 
be  conducted  with  all  the  decorum  and  manifestation  of  respect  due 
to  an  honourable  officer  of  his  character  and  station  ;  and  causing 
his  corpse  to  be  attended  to  the  grave,  by  a  procession,  composed 
of  the  principal  chieftains,  authorities,  and  other  officers  of  this 
garrison.  In  this  act,  I  could  wish  that  your  excellency  might  re/ 


cognize  an  expression  of  the  lively  sorrow  which  has  been  excited 
in  me  by  this  misfortune. 

May  God  preserve  your  excellency  many  years. 

Excellentissimo  Senor.         MIGUEL  DE  LA  TORRE. 

Puerto  Rico,  Ilk  March,  1823. 

To  the  most  excellent  Commander  in  Chief  of  the  Anglo- American  Squadron, 
in  the  offing  of  this  port,  D.  DAVID  PORTER. 


Commodore  Porter  to  the  Governor  of  Porto  Rico. 

U.  S.  SHIP  PEACOCK,  dguada,  March  8th,  1823. 
To  his  Excellency  the  Governor  o/  Porto  Rico. 

YOUR  EXCELLENCY  :  On  the  3d  of  this  month,  I  despatched  from 
the  squadron  under  my  command,  the  United  States'  schooner 
Greyhound,  commanded  by  Captain  John  Porter  of  the  United 
States'  Navy,  who  was  the  bearer  of  a  letter  from  me  to  your  Ex- 
cellency, written  in  strict  conformity  with  instructions  which  I  had 
received  from  my  Government,  propounding  certain  inquiries,  to 
enable  your  Excellency  to  put  me  in  possession  of  such  informa- 
tion, as  would  place  it  in  my  power  to  fulfil  the  benevolent  inten- 
tions of  the  government  of  the  United  States,  without  infringing  oa 
the  rights  of  Spain  as  a  belligerant. 

The  commander  of  the  Greyhound  was  directed  to  remain  in  St, 
John's  two  days,  for  your  Excellency's  answer,  and  then  to  join 
me  off  the  port,  or  at  this  place,  where  I  proposed  watering  the 
squadron  under  my  command. 

On  the  second  day  after  his  arrival  at  St.  John's,  I  directed  the 
commander  of  the  United  States' schooner  Fox  to  proceed  there 
with  his  vessel,  to  ascertain  what  time  it  was  probable  your  reply 
would  be  obtained,  with  orders  to  return  immediately,  and  apprise 
the  commander  of  the  United  States'  schooner  Beagle,  another  of 
my  squadron,  of  my  intention  to  come  to  this  place. 

On  the  arrival  of  the  Fox  within  gun-shot  of  the  castle,  I  was 
much  surprised  4o  observe  that  six  guns  were  tired  at  her;*-but, 
knowing  of  no' cause  to  justify  such  an  act  of  violence,  I  should 
have  thought,  that  perhaps,  I  might  have  been  mistaken,  had  not 
the  commanders  of  all  three  of  those  vessels  failed  to  obey  my  in- 
structions, which  could  not  have  happened,  but  for  some  violent: 
detention  by  the  authorities  at  St.  John's. 

Until  I  am  better  satisfied  of  the  fact,  however,  I  shall  refrain 
from  the  expression  of  my  sentiments  on  the  subject,  and  shall,  for 
the  present,  merely  observe,  that  their  character  could  not  hive 
been  misunderstood  :  as  my  squadron,  at  the  time  of  the  departure 
of  the  Fox,  was  laying  in  full  view  of  the  castle,  with  their  colours 
fly'ng»  and  a  British  squadron,  under  the  command  of  Sir  Thomas 
Cochrane,  which  had  several  times  communicated  with  me,  and 
well  knew  the  vessels  arrived  there  the  day  previous  to  the  la?t 
mentioned  vessel,  and  on  the  day  previous  to  my  arrival  off  the 
port 


312 

1  know  not  whether  my  suspicions  are  correct,  but  I  have,  in  the 
event  of  their  being  so,  directed  the  senior  officer  to  abandon  the 
vessels,  and  leave  the  Island  of  Porto  Rico,  as  soon  as  possible, 
leaving  it  to  my  country,  to  whom  I  shall  make  known  the  facts,  to 
resent  the  outrage  as  it  may  think  proper,  and  which  it  will,  no 
doubt,  do  promptly  and  effectually. 

Your  Excellency  must  be  aware,  that  it  is  always  in  my  power 
to  retaliate,  and  even  in  this  place  ;  but  it  would  be  a  poor  return 
for  the  friendship  and  hospitalit\  I  have  received  from  its  inhabi- 
tants, and  I  cannot  reconcile  it  to  myself,  that  the  innocent  should 
be  made  to  suffer  for  offences  not  their  own. 

With  great  respect,  1  have  the  honour  to  be,  your  Excellency's 
most  obedient  humble  servant.  D.  PORTER. 


Commodore  Porter  to  the  Captain  General  of  Porto  Rico. 

U.  S.  SHIP  PEACOCK,  dguada,  March  11,  1823; 
To  His  Excellency  the  Captain  General  of  Porto  Rico. 

YOUR  KXCELLENCY  :  I  have  the  honour  to  acknowledge  the  re- 
ceipt of  your  several  favours,  of  the  6th  and  7th  of  this  month. 

That  which  is  in  reply  to  the  letter  I  had  the  honour  to  address 
you,  on  the  4th,  is  perfectly  satisfactory  in  all  its  details  ;  and  the 
promptness  with  which  you  have  been  pleased  to  attend  to  it,  as 
well  as  its  contents,  will,  no  doubt,  be  highly  gratifying  to  the  Go- 
vernment of  the  United  States. 

I  know  not  how  to  touch  on  the  melancholy  subject  of  your 
Other  letters,  without  giving  vent  to  some  of  those  feelings  which 
operate  at  this  moment  on  my  mind.  I  shall  endeavour,  however, 
to  treat  it  coolly  and  dispassionately,  and  hope,  by  a  few  facts,  to 
convince  your  Excellency,  that  there  was  not  the  shadow  of  an  ex- 
cuse for  interdicting  the  entrance  of  my  squadron  into  the  harbour  of 
St.  John's.  That  nothing  can  justify  the  order  issued  by  your  second 
in  command,  to  fire  upon  any  of  the  vessels  composing  it  ;  and  that 
the  act  of  tiring  was,  to  say  the  least  of  it,  an  act  of  the  most  unpar- 
donable cruelty  and  barbarity.  It  is  painful  to  me  to  see  that 
your  Excellency  has  laboured  to  justify  the  act,  and  to  throw  the 
blame  on  the  commander  of  one  of  the  United  States'  vessels,  then 
in  port. 

A  statement  in  the  Echo  of  the  8th,  drawn  by  the  same  hand  that 
penned  your  letter  to  me,  is  given  to  the  public,  with  the  same  ob- 
ject in  view.  Your  Excellency  may  have  reasoned  yourself  into  a 
belief  of  the  correctness  of  the  inferences  you  have  in  both  cases 
drawn  from  information  given  you,  or  both  may  have  been  consi- 
dered as  necessary  and  proper  to  prevent  excitement ;  but  I  must 
be  excused  for  saying  to  your  Excellency,  that  the  charge  is  only 
an  aggravation  to  the  outrage  which  had  already  been  committed. 
It  was  not  the  duty  of  that  officer  to  move  at  the  beck  and  call  of 
the  king's  lieutenant,  or  to  leave  the  duty  unexecuted,  which  I  had 
sent  him  to  perform,  to  communicate  to  me  the  hostile  intentions  of 


313 

a  subaltern,  which,  had  they  been  fully  explained  to  him,  he  never 
could  have  believed  he  would  have  dared  to  have  carried  into  ef- 
fect ;  but  they  never  were  explained,  and  no  such  conversation  took 
place  between  the  king's  lieutenant  and  the  American  officer,  as  is 
related  by  your  Excellency.  Your  Excellency  has  been  misinform- 
ed on  the  subject ;  and  had  it  taken  place,  and  had  it  been  the  duty 
of  the  American  officer  to  have  communicated  to  me  the  intention, 
to  prevent  my  coming  into  port,  it  would  have  been  impracticable 
for  him  to  have  executed  it,  as  the  sea  raged  with  such  violence, 
at  the  time,  that  no  vessel  or  boat  could  possibly  have  left  the 
harbour 

It  is  not  magnanimous  in  your  Excellency,  to  resort  to  such  means 
to  excuse  the  bad  conduct  ot  those  under  your  command. 

The  officer  you  would  implicate,  was  the  bearer  of  a  despatch 
from  me  to  your  Excellency,  apprising  you  of  the  benevolent  inten- 
tions of  my  Government  in  fitting  out  the  squadron  I  have  the  ho* 
nour  to  command. 

He  had  been  two  days  in  your  port,  and  was  possessed  of  a  copy 
of  my  letter  to  you.  which  had  been  seen  by  your  second  in  com- 
raa*hd,  at  the  moment  of  his  presenting  himself  to  him,  which  was 
on  the  day  of  his  arrival  ;  and,  if  any  doubts  existed,  a?  to  his  cha- 
racter, or  the  character  of  the  vessel  under  his  command,  being  in 
the  power  of  the  authorities  of  Porto  Rico,  they  could  easily  have 
satisfied  themselves.  But  he  had  been  received  and  treated  as  an 
American  officer  ;  and  it  is  only  to  endeavour  to  palliate,  or  excuse 
the  conduct  of  the  offending  individual,  that  your  Excellency  has 
sought  for  facts,  w.hich  would  never  have  been  brought  into  notice, 
but  for  the  lamentable  circumstance  which  gave  rise  to  these  pain- 
ful remarks. 

He  informed  your  second,  of  the  character  of  my  squadron;  a 
British  squa  Iron  was  then  lying  in  the  port,  which  knew  me,  and, 
there  cannot  be  a  doubt,  had  communicated  intelligence  of  my  in- 
tentions to  visit  Porto  Rico. 

The  sloop  of  war  on  board  which  my  pendant  was  flying,  with 
some  small  vessels  of  my  squadron,  were  lying  in  full  view  of  the 
castle,  with  their  colours  hoisted  ;  the  schooner  which  was  fired 
into,  was  standing  directly  into  port,  in  open  day  ;  she  could: 
not  have  escaped,  after  the  first  shot  was  fired,  or  have  given 
up  her  intention  of  going  into  St.  John's,  had  she  been  so  disposed, 
or  had  she  understood  what  was  intended  by  the  firing.  But,  let 
me  ask  your  Excellency,  who  for  an  instant  could  have  supposed, 
that  a  small  schooner,  of  scarcely  forty  tons  burthen,  mounting  only 
three  guns,  with  a  complement  of  twenty-five  officers  and  men, 
would  have  occasioned  any  alarm  to  the  city  of  St.  John's,  surround- 
ed as  it  is  by  fortresses,  rendered  as  impregnable  as  nature  and  the 
art  of  man  can  make  them  ?  Was  it  not  more  natural  to  believe,  that 
the  firing  was  intended  to  compel  her  approach  1  And,  even  if  the 
intention  was  not  complied  with,  ought  not  her  feeble  condition  to 
irave  claimed  from  those  in  your  fortress  some  mercy  ?  But,  no  L 
40 


314 

the  vessel,  alter  the  death  of  her  lamented  commander,  was  com- 
pelted  to  anchor  between  the  forts,  where  a  tremendous  sea  was 
running,  which  jeopardized  the  lives  of  every  one  on  hoard  ;  to 
send  the  small  boat  on  shore,  where  the  young  midshipman  who 
commanded  her  was  insulted,  by  having  a  heavy  gun  pointed  at  the 
boat,  and  threatened  with  destruction  if  he  attempted  to  move  from 
his  position.  He  was  then  taken,  like  a  criminal,  and  placed  under 
guard. 

These  are  facts,  your  Excellency,  and  incontrovertible  ones. 

Let  me  ask  your  Excellency,  what  better  proofs  you  have  of  the 
character  of  my  squadron  now,  than  were  produced  on  the  first  day 
of  the  arrival  of  the  officer  you  wish  to  implicate  ?  What  further 
examination  has  been  made,  that  the  authorities  of  Porto  Rico  are 
better  satisfied  of  our  being  Americans  now,  than  they  were  be- 
fore ?  None. 

I  repeat  it,  that  the  character  of  my  squadron  was  well  known  in 
St.  John's.  Even  in  this  obscure  place,  1  found  American  newspa- 
pers containing  all  the  details  respecting  it ;  and,  at  St.  Thomas's, 
I  saw  persons  direct  from  St.  John's,  who  informed  me  that  its 
equipment  and  object  were  well  known  there.  There  has,  in  fact, 
been  a  degree  of  publicity  given  to  the  expedition,  and  an  interest 
felt  in  it,  that  have  been  rarely  equalled.  The  whole  of  the  civi- 
lized world  was  interested  in  its  success.  It  is  in  vain,  then,  to 
say,  that  we  were  taken  for  lawless  invaders  ;  and  it  is  unjust  to  en- 
deavour to  stain  the  character  of  my  country,  by  a  charge  of  the 
frequency  of  hostile  expeditions  against  the  Spanish  possessions,  or 
offer  them  as  an  excuse  for  the  conduct  of  the  offender.  Bad  mea 
escape  sometimes  the  vigilance  of  the  most  rigid  authorities,  and  no 
Government  deserves  reproach  when  it  does  its  utmost  to  detect 
and  bring  them  to  punishment. 

I  find  your  coasts  lined  with  troop?,  since  my  arrival  here.  I  find 
reinforcements  daily  coming  in,  as  I  am  informed  by  your  order,  to 
protect  the  inhabitants  from  my  resentment.  I  have  found  every 
precaution  taken  to  keep  me  in  profound  ignorance  of  the  lamenta- 
ble occurrence,  but  these  things  were  all  in  vain.  I  saw  the  insult 
offered  to  the  flag  of  my  country.  I  have  satisfied  your  military 
commanders  that  their  force  is  despicable  when  compared  to  that 
at  my  disposal,  and  I  have  convinced  the  inhabitants  that,  although 
they  are  at  my  mercy,  they  will  not  be  made  answerable  for  the  of- 
fences of  an  individual. 

It  is  not,  then,  becoming  to  the  character  of  your  Excellency  to 
resort  to  subterfuge,  in  order  to  divert  the  odium  of  the  act  from 
one  officer,  to  attach  blame  to  another. 

1  will  further  ask,  why  a  rigour  should  be  exercised  towards  ves- 
sels bearing  the  American  flag,  that  was  not  extended  to  the  Bri- 
tish squadron,  or  to  the  French  frigate  which  arrived  subsequent  to 
the  attack  on  Lieut.  Com.  Cocke  ?  In  the  one  case  there  was  only 
a  email  schooner  to  tiro  at ;  in  the  other,  there  were  vessels  of 
force ! 


315 

*  % 

Had  he  fallen  in  battle,  and  by  the  hand  of  a  declared  enemy,  we 
shonl.l  have  been  reconciled  to  his  fate  by  the  proud  satisfaction 
that  he  died  in  the  performance  of  his  duty  to  his  country  ;  but,  to 
be  thus  cruelly  torn  from  us,  and  by  the  hand  of  a  dastard,  whose 
aim  'v:is  the  more  sure  from  a  confidence  in  his  own  safety,  and  the 
defenceless  condition  of  his  object,  admits  of  no  consolation. 

Your  Excellency,  i'i  conversation  with  the  officer  you  wish  to  im- 
plicate, adverted  to  the  affair  of  the  Panehita  as  some  palliation  for 
the  offence  ;  and  there  is  too  much  reason  to  apprehend,  that  the 
officer  who  gave  the  order  to  prevent  the  entrance  of  my  squadron, 
as  well  as  those  who  executed  it,  thought  this  a  fair  opportunity  to 
retaliate.  Otherwise,  why  heat  shot  in  the  furnaces  to  destroy  my 
squadron  ?  Why  open  two  batteries  on  the  schooner,  and  why 
fire  round  shot  and  langrage  while  the  lamented  victim  was  hailing 
the  fort  ?  And  why  the  remark  of  the  man  who  pointed  the  gun, 
that  the  shot  was  intended  to  avenge  the  Panchita  ? 

Your  Excellency  will  recollect,  that,  in  the  case  of  the  Panchita, 
there  was  an  equality  of  force.  Such  an  occurrence  would  not 
bnve  taken  place  had  there  been  as  great  a  disparity  as  in  the  pre- 
sent instance.  The  cases  are  not,  therefore,  parallel  ;  and  if  the 
satisfaction  of  retaliation  was  sought  for,  the  offenders  have  failed  in 
their  object :  it  is  yet  to  be  obtained. 

I  shall  leave  the  Island  to-morrow  morning,  with  a  heavy  heart, 
and  shall,  without  delay,  communicate  to  my  Government  the  me- 
lancholy result  of  my  visit  here,  which  was  intended  for  the  benefit 
of  the  civilized  world  in  general. 

With  the  highest  respect,  I  have  the  honour  to  be,  your  Excel- 
lency's most  obedient  humble  servant,  D.  PORTER. 


Commodore  Porter  to  the  Captain  General  of  Cuba. 

U.  S.  SHIP  PKACOCK,  Off  Matanzas,  26/A  March,  1823. 

YOUR  EXCELLENCY  :  1  have  the  honour  to  inform  you,  that,  in 
pursuance  of  orders  from  my  Government,  I  have  taken  com- 
mand of  all  the  United  States  naval  forces  in  these  seas,  for  the 
protection  of  the  commerce  of  the  United  States  against  all  unlaw^ 
ful  interruptions  ;  to  guard  the  rights  both  of  property  arid  per- 
son of  our  citizens,  whenever  it  may  become  necessary  ;  and 
for  the  suppression  of  piracy  and  the  si  ./e  trade. 

As  great  complaints  have  been  m;ide,  of  the  interruption  and  inju- 
ry of  our  commerce,  by  privateers,  fitted  out  from  Spanish  ports, 
I  must  beg  your  excellency  to  furnish  me  a  descriptive  list  of  ves- 
sels, legally  commissioned  to  cruise  from  Cuba,  with  a  set  of  the 
blank  forms  of  their  papers,  that  I  may  know  how  and  when  to 
respect  them,  if  1  should  meet  with  any  of  them. 

1  must  also  beg  your  excellency  to  inform  me,  how  far  they  have 
been  instructed  to  interrupt  our  trade  with  Mexico  and  the  Colom- 
bian Republic,  and  whatever  instructions  or  authorities  they  may 
have,  affecting  our  commerce  generally. 


316 

As  to  the  suppression  of  piracy,  the  principal  motive  of  my  visit 
to  these  seas,  is  an  object  that  concerns  all  nations,  (all  being  par- 
ties against  them,  and  may  be  considered  allies,)  I  confidently  look 
to  all  for  co-operation,  whenever  it  may  be  necessary,  oral  least 
their  favourable  and  friendly  support,  and  to  none  more  than  those 
most  exposed  to  their  depredations.  I  therefore  look  with  con- 
fidence to  your  excellency,  for  the  aid  of  such  means  as  may  be  ia 
your  power  for  their  suppression  ;  and,  in  the  absence  of  means,  I 
beg  leave  to  assure  your  excellency,  that,  whatever  course  may 
be  pursued  by  me,  to  destroy  those  enemies  of  the  human  race,  it 
will  have  no  other  aim  ;  and  1  shall  observe  the  utmost  caution  not 
to  encroach  on  the  rights,  or  willingly  to  offend  the  feelings,  of 
others,  eitherin  substance  or  form,  in  all  the  measures  which  may 
be  adopted  to  accomplish  the  end  in  view. 

It  will  afford  me  sincere  pleasure,  should  I  be  so  fortunate  as  to 
fulfil  the  expectations  of  my  Government,  and  at  the  same  time  pre- 
serve harmony  and  a  good  understanding  with  those  with  whom  I 
may  be  so  unfortunate  as  to  come  in  collision  or  discussion  in  rela- 
tion thereto.  Indeed  it  will  add  much  to  my  happiness,  if  it  can  be 
avoided  altogether. 

That  such  is  my  sincere  wish,  and  that  the  objects  set  forth  by 
tne  are  the  only  ones  which  have  brought  me  to  these  seas,  I  beg 
leave  to  assure  your  excellency  in  the  most  positive  and  unequivocal 
terms.  With  the  highest  respect,  I  have  the  honour  10  be,  your 
excellency's  very  obedient  and  humble  servant, 

D.  PORTER, 

Commanding  V.  S.  Naval  forces  in  the  West  Indies  and  Gulf  of  Mexico. 
To  His  EXCELLENCY  the  Captain  General  of  Cuba. 


[TRANSLATION] 

HABANA,  March  29,  1823. 

I  feel  much  satisfaction  in  your  arrival  into  these  seas,  with  the 
commission,  explained  to  me  in  your  official  letter  of  the  26th  of  the 
present  month,  which  I  am  now  answering  ;  and  I  offer  you  at  once 
a  hearty  welcome. 

You  are  pleased  to  manifest,  that  there  have  been  great  complaints 
on  account  of  the  mischief  committed  on  your  commerce,  by  corsairs 
fitted  out  in  the  Spanish  ports,  and  wish  me  to  furnish  you  with  a  de- 
scription list  of  the  vessels  1  -.vfully  authorized  at  the  island  of  Cuba, 
for  cruising;  also,  a  set  of  blank  forms  of  their  papers,  in  order  that 
you  may  know  how  and  when  to  respect  them,  if  you  were  to  fall  in 
wi:h  any  of  them. 

In  answer,  I  must  state,  that,  as  this  business  pertains  exclusively 
to  the  General  Marine  Command,  at  this  station,  you  will  be  pleased 
to  address  this  Departm  ntfor  these  objects  of  your  requisition. 

This  Government,  Commodore,  [Senor  Comodoro] anxiously  de- 
sires, and  loses  none  of  the  means  in  their  disposal,  to  prosecute  those 
enemies  of  the  human  race,  even  to  annihilation  ;  and  you  can  be 
well  assured,  that,  on  all  occasions,  it  is,  and  will  be,  ready  to  lend 


aid  that  is  compatible  with  the  territorial  rights  and  privilege*, 
to  the  nations  co-operating  forthe  extermination  of  these  freebooters. 

Deign  to  accept  the  consideration*  of  my  respect  and-friendship. 

God  preserve  you  many  years.    SEBASTIAN  K1NDERLAN. 
Senor  Don  D.  PORTER,  Commander  of  the  Naval  Forces  of  the  U.  S.  in  this  sea, 


Commodoi  e  Porter  to  the  Captain  General  of  Cuba. 

HAVANA,  April  2Qlh,  1823. 

Yotm  EXCELLENCY  :  Having  been  informed  that  an  order  has  been 
issued  by  your  excellency  to  the  military  commanders  of  districts 
in  this  island,  forbidding  the  entrance  into  the  harbours  thereof  of 
the  squadron  under  my  command,  I  have  therefore  to  repeat  to 
your  excellency,  that  1  came  by  the  orders  of  the  government  of 
the  United  States,  in  aid  of  the  local  authorities,  for  the  suppres- 
sion of  piracy,  and  for  no  other  object,  as  I  have  always  assured 
your  excellency,  and  I  have  to  beg  of  you,  to  prevent  any  unplea- 
sant consequences  from  the  existence  of  an  order  so  hostile  to  the 
interests  of  Cuba,  and  so  opposed  to  the  friendly  and  benevolent 
intentions  of  my  government,  that  your  excellency  will  be  pleased 
to  cause  it  to  be  revoked  as  early  as  practicable  ;  and  that  you  will 
furnish  me  with  a  paper,  bearing  your  excellency's  signature, 
whereby  the  friendly  character  of  the  forces  under  my  command 
may  be  made  understood  by  the  aforesaid  military  commanders,  as 
well  as  by  all  others  in  authority,  with  whom  I  may  come  in  con- 
tack  ;  and  your  excellency  will  pardon  me  for  urging,  with  great 
earnestness,  this  request,  as  the  knowledge  of  this  order  has  been 
the  source  of  great  uneasiness  to  me,  particularly  since  an  admission 
on  the  part  of  your  excellency  confirms  its  existence. 

I  have  the  honour  to  be,  with  the  highest  respect,  your  excel- 
lency's most  obedient  and  humble  servant, 

D.  PORTER, 

To  His  EXCELLENCY  tlie  Captain  General  of  the  Island  of  Cuba. 


Commodore  Porter  to  the  Captain  General  of  Cuba. 
U.  S.  STEAM  VESSEL  SEA  GULL, 
Allenton,  Thompson's  Island,  16th  May,  1823. 

YOUR  EXCELLENCY  :  I  have  the  honour  to  acknowledge  the  re- 
ceipt of  your  communication  of  the  10th,  with  the  circulars  accom- 
panying it ;  and  beg  leave  to  return  my  sincere  thanks  for  your 
prompt  and  satisfactory  reply  to  my  application  of  the  4th  of  this 
month,  as  well  as  assurances  of  the  high  sense  I  entertain  of 
the  favourable  disposition  of  the  higher  authorities  of  Cuba, 
towards  the  squadron  under  my  command,  which  has  been  mani- 
fested by  various  acts  that  have  greatly  facilitated  the  execution  of 
the  duties  entrusted  to  me  ;  and  it  is  the  cause  of  great  regret,  that 
I  should  have  been  under  any  erroneous  impression,  with  regard 
fo  orders  of  any  kind,  issued  by  your  predecessor  in  office,  in  any 


318 

iray,  concerning  the  operations  of  my  forces  ;  and  beg  leave  to 
offer  as  my  apology,  the  assurances  of  those,  who  had  stated  to  me 
that  they  had  seen  the  orders  ;  the  admission  of  the  Captain  Gene- 
ral, as  understood  by  [the]  officer  whom  I  sent  to  him  on  this  sub- 
ject, that  orders  of  a  restrictive  nature  had  been  issued  ;  the  con- 
duct of  the  Commandants  of  Mariel  and  Porto  Cabanos  ;  and  infor- 
mation received  from  the  Commandant  of  Bahia  Honda,  that  some 
orders  with  regard  to  the  forces  under  my  command,  had  been  re- 
ceived by  him.  The  assurances  of  your  excellency  have  put  the 
subject  forever  at  rest;  and  your  circulars  have  relieved  my  mind 
from  the  serious  apprehensions  under  which  it  laboured. 

Permit  me  to  embrace  this  opportunity  to  felicitate  your  excellen- 
cy on  your  arrival  ;  to  assure  you,  that  nothing  but  a  severe  indis- 
position has  prevented  my  paying  my  respects  in  person  ;  and  to 
offer  you  my  best  wishes  for  your  health  and  happiness.  I  have 
the  honour  to  be,  with  the  highest  respect,  your  Excellency's  very 
obedient  servant,  D.  PORTER. 

Commanding  U.  S.  Naval  forces  in  the  W.  /.  and  Gulf  of  Mexico. 
To  his  Excellency  Don  FRANCISCO  DIONISO  VIVES,  Captain  General  of  the 
Island  of  Cuba  and  its  dependencies. 


The  Captain  General  of  Cuba  to  Commodore  Porttr. 
[TRANSLATION.] 

HABANA,  10th  May,  1823. 

In  the  last  conference,  which  you  had  with  His  Excellency  my 
predecessor,  you,  no  doubt,  became  satisfied  with  the  friendly  de- 
monstrations and  sincere  offers  of  this  Government  to  that  of  the 
United  States,  unequivocally  expressed  by  that  chieftain,  with  ex- 
planations of  the  subjects  of  your  doubts  relative  to  his  official  letter 
of  the  29th  of  March,  in  his  last  paragraph  in  answer  to  one  from 
you,  dated  the  26th  of  the  same  month. 

Having  gained  an  understanding  of  this  case,  I  bare  now  the  satis- 
faction of  declaring  to  you,  that  this  Government  has  not  issued  any 
order  for  prohibiting  the  entrance  of  the  vessels,  in  the  squadron 
under  your  command,  into  the  ports  of  this  Island  ;  but,  on  the  con- 
trary, your  squadron  will  meet  with  every  aid  and  co-operation,  on 
the  part  of  the  local  authorities,  in  the  pursuit  of  pirates,  who  may 
shelter  themselves  in  the  uninhabited  coasts,  compatible  with  the 
territorial  privilege,  conformable  to  the  laws  of  nations.  And  I 
can  do  no  less  than  assure  you,  that  the  Spanish  Government,  always 
a  faithful  observer  of  the  rights  pertaining  to  each  nation,  as  well  as 
jealous  of  their  own,  never  would  take  measures  of  the  kind  to  which 
you  allude,  without  proclaiming  their  intention,  with  that  frankness 
and  clearness,  which  are  its  strong  characteristics  ;  and,  in  the  pre- 
sent case,  it  has  had  no  motive  for  acting  contrary  to  the  sentiments 
which  it  has  heretofore  expressed  to  you. 

And  that  you  may  remain  satisfied  and  convinced,  I  enclose  to  you 
circulars  for  the  different  commandants  of  the  military  stations  on 


319 

this  island,  in  order  that  they  may  afford  you  all  the  assistance  ne- 
cessary for  the  attainment  of  your  important  commission.  With  this, 
I  consider  your  official  letter  of  the  28th  of  last  month  as  answered! 

This  opportunity  allows  me  the  pleasure  of  offering  my  services 
to  you,  with  the  highest  consideration. 

God  preserve  you  many  years. 

FRANCISCO  DIONISIO  VIVES. 
Corrrmodore  DAVID  PORTER,  Commander  of  the  U.  S.  Squadron. 

Translated  copy  of  a  circular  letter  from   the  Captain  General  of  Cuba,  to  the 
Commandants  at  the  several  military  stations  in  that  island  : 

Office  of  the  Captain  General  of  the  Island  of  Cuba. 

An  American  squadron,  under  the  command  of  Commodore  David 
Porter,  being  destined  to  cruise  about  the  coasts  of  this  island,  in  aid 
of  our  forces,  who  are  engaged  in  a  like  enterprize,  namely,  the  pur- 
pose of  exterminating  the  pirates  who  infest  our  seas,  and  cause  so 
much  injury  to  commerce  in  general,  without  respecting  any  flag 
whatever  :  And  it  being  an  obligation  of  every  civilized  nation  to 
annihilate  such  banditti,  who,  heedless  of  their  duties  in  society, 
employ  themselves  in  such  execrable  practises  :  I  have  thought  it 
proper  to  give  orders,  that,  wherever  this  squadron  may  arrive,  and 
present  itself  to  the  constituted  authorities,  they  must  afford  it  eve- 
ry aid,  which  may  be  compatible  with  the  territorial  privilege  and 
respect. 

God  preserve  you  many  years. 

FRANCISCO  DIONISIO  VIVES. 

Habana,  10/ft  May,  1823. 


The    Captain  General  of  Cuba  to  Commodore  Porter. 
[TRANSLATION.] 

HABANA,  30/A  June,  1823. 

i  have  received  your  official  letters, one  of  which  is  dated  on  the 
21st  and  the  other  on  the  24th  of  the  present  month.  In  the  latter, 
I  observe  a  complaint  of  the  conduct  of  the  provisionally  appointed 
Governor  of  Matanzas,  towards  an  officer  of  the  sloop  of  war  Hor- 
net. I  have,  consequently,  already  made  arrangements  for  a  close 
investigation  of  this  subject,  in  order  to  convince  you  that  no  other 
sentiments  animate  this  Government  than  what  have  already  been 
manifested  to  you  on  several  occasions,  and  from  which  it  will  never 
deviate  ;  and,  likewise,  to  satisfy  you  that  its  views  are  the  same 
as  those  of  the  government  of  the  United  States,  in  the  extirpation 
of  the  enemies  of  the  human  race,  who  have  invested  the  coasts  of 
this  pacific  Island  ;  and  I  wish  you  to  be  fully  persuaded  that  it  will 
never  be  able  to  view  with  indifference  any  intentional  insult, 
committed  by  its  subalterns,  on  the  officers  of  any  nation  engaged 
in  so  laudable  an  enterprize. 

In  regard  to  your  letter  of  the  21st,  I  would  say,  that  I  will  ac- 
complish the  objects  of  its  contents  without  delay,  among  those  who 


320 

are  interested  in  their  respective  reclamations,  applauding,  at  the 
same  time,  the  just  comparison  which  you  make,  of  the  right?  of, a 
strict  neutrality  towards  the  nation  whom  I  have  the  honour  of 
serving. 

I  renew  to  you  my  most  distinguished  consideration. 
May  God  preserve  you  many  years. 

FRANCISCO  DIONISIO  VIVES. 
To  Commodore  DAVID  PORTER. 

A  true  copy  :    P.  WILSON,  Secretary. 

Commodore  Porter  to  the  Governor  of  Cuba. 
U.  S.  GALLIOT  SEA  GULL,  Allenlon,  Thompson's  Island,  July  13/A,  1823. 

YOUR  EXCELLENCY  :  With  a  full  confidence  that  they  will  be 
brought  to  condign  punishment,  I  send  you,  to  be  tried  by  the  laws 
of  Spain,  five  pirates,  taken  on  board  two  piratical  vessels,  by  two 
of  the  barges  of  my  squadron.  I  also  send,  by  the  same  convey- 
ance, two  men,  making  part  of  the  original  crew  of  one  of  the  ves- 
sels, when  she  fell  into  the  hands  of  the  pirates. 

The  witnesses  being  on  the  spot,  will  enable  you  to  make  the 
punishment  prompt,  and  the  example,  I  have  no  doubt,  will  be  high- 
ly salutary. 

With  sentiments  of  the  highest  respect,  I  have  the  honour  to  be, 
your  Excellency's  very  obedient  and  humble  servant, 

D.  PORTER. 
Commanding  U.  S.  JVacaZ  Forces  in  the  West  Indies  and  Gulf  of  Mexico- 

To  his  Excellency  Don  Francisco  Dionisio  Vives, 

Captain  General  of  the  Island  of  Cuba,  and  its  dependencies. 


General  Vivts  to  Commodore  Porter. 
Office  of  the  Captain  General  of  the  Island  of  Cuba. 

HAP.ANA,  24th  July,  1823. 

I  acknowledge  the  receipt  of  your  official  letter  of  the  13th  of 
the  present  month,  transmitted  by  the  Schooner  Ferret,  with  five 
individuals,  under  the  character  of  pirates.  These  men  were  im- 
mediately put  under  the  disposal  of  the  Judiciary  authority,  in  or- 
der that  they  might  be  judged  in  a  manner  accordant  to  our  laws  ; 
and  the  Judge  who  was  especially  charged  with  the  duty,  has  di- 
rected to  me  the  following  official  statement  of  the  result  of  his  ex- 
aminations : 

"  MOST  EXCELLENT  SIR  :  The  commander  of  the  American 
Schooner  of  War  the  Ferret,  Mr.  Thomas  M.  Newell,  being  ex- 
amined, likewise  the  mariners  whom  he  presented  before  me,  and 
those  whom  he  brought  here  as  prisoners,  by  order  of  Commodore 
D.  Porter,  of  whom  three  were,  by  the  disposition  of  your  Excel- 
lency, committed  to  the  jail,  and  two  to  the  Hospital  of  Saint  Am- 
brosio,  characterised,  as  pirates.  An  appearance  has  not  result-' 
ed  that  they  had  an  actual  participation  in  the  invasions  and  robbe- 


321 

nes:  they  being  brought  to  their  condition  by  compulsion.  But, 
as  1  have  information  that  those  who  escaped,  are  now  apprehended 
and  carried  to  Matanzas,  where  a  process  will  be  instituted  against 
them,  and  where  the  most  sure  means  will  be  adopted  for  discover* 
ing  the  plain  truth,  I  have  considered  it  expedient  to  send  these 
prisoners  to  Matanzas,  hoping  that  your  Excellency  will  be  pleased 
to  facilitate  their  transportation,  with  the  necessary  provisions,  af- 
fording to  the  disposition  of  the  judge  of  that  district  the  means  of 
determining,  with  clear  understanding,  what  has  been  done,  and 
what  is  now  actually  doing." 

This  copy  is  forwarded  to  you  for  your  information  and  satisfac- 
tion. FRANCISCO  D10NISIO  V1VES. 

Com.  DAVID  PORTER. 


U.  S.  SHIP  JOHN  ADAMS,  November  12</i,  1824. 

SIR  :  It  having  been  officially  reported  to  me,  that  an  officer 
under  my  command,  who  visited  the  town  of  Faxardo,  of  which 
you  are  the  Chief,  in  search  of  robbers  and  freebooters,  who,  with 
%  large  amount  of  American  property,  were  supposed  to  have  taken 
shelter  there,  and  bringing  with  him  sufficient  testimonials  as  to  his 
object  and  character,  was,  after  they  were  all  made  known  to  you, 
arrested  by  your  order,  by  armed  men,  and  shamefully  insulted 
and  abused  in  your  presence,  by  the  Captain  of  the  Port,  after 
which,  he  was  sent  by  your  orders  to  prison,  and  when  released 
therefrom,  was  further  insulted  and  abused,  by  the  inhabitants  of 
the  lown.  His  object  in  visiting  Faxardo  has  by  these  means  been 
defeated,  and  for  these  offences  no  atonement  or  explanations  has 
yet  been  made. 

The  object  of  my  visit  is  to  obtain  both,  and  I  leave  it  entirely  to 
your  choice,  whether  to  come  with  the  Captain  of  the  Port  and  the 
other  offenders  to  me,  for  the  purpose  of  satisfying  me  as  to  the  part 
you  have  all  had  in  this  shameful  transaction,  or  to  await  my  visit  at 
your  town.  Should  you  decline  coming  to  me,  I  shall  take  with  me  an 
armed  force,  competent  to  punish  the  aggressors,  and  if  auy  resis- 
tance is  made,  the  total  destruction  of  Faxardo  will  be  the  certain 
and  immediate  consequence. 

If  atonement  for  the  injury  is  promptly  made,  those  innocent  of 
the  offences  will  escape  all  punishment.  But  atonement  must  and 
shall  be  had,  and  if  it  is  withheld  from  me,  they  will  be  involved  in 
the  general  chastisement. 

I  shall  hold  the  town  and  vessels  in  the  harbour  answerable  for 
any  detention  or  illjtreatment  of  the  officer  who  bears  this  letter. 

I  allow  you  one  hour  to  determine  on  the  course  you  will  pur- 
sue, at  the  expiration  of  which  time,  if  you  do  not  present  your- 
self to  me,  I  shall  march  to  Faxardo. 

I  have  the  honour  to  be,  with  great  respect,  your  very  obedient 
servant,  (Signed,)  D.  PORTER. 

To  the  ALCALDE  of  Faxardo. 

41 


322 

U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  April  15,  182*. 

YOUR  EXCELLENCY  :  I  have  the  honour  to  transmit  you  copies  ol 
two  resolutions  of  the  Congress  of  the  United  States,  in  the  House 
of  Representatives,  adopted  on  the  23d  of  December  last,  requiring 
that  the  Secretary  of  State  be  directed  to  ascertain  and  report  to 
that  House,  "  whether  the  Rocks  called  the  Double  Headed  Shot 
Keys,  or  any  other  of  the  rocks  or  desert  islets  near  the  Bahama 
Banks,  but  separated  therefrom  by  a  deep  channel,  and  in  which 
the  security  of  the  navigation  of  the  Gulf  of  Florida,  requiring 
that  Light-Houses  or  Beacons  should  be  placed,  are  within  the  do- 
minions of  any  and  what  foreign  Kingdom  or  State  ;  or  whether 
they  are  not  now  subject  to  be  appropriated  by  the  right  of  occu- 
pancy; "  and,  secondly,  "  That  the  President  of  the  United  States 
be  requested  to  negotiate  with  the  Government  of  Great  Britain 
for  a  cession  of  so  much  land  on  the  Island  of  Abaco,  at  or  near 
the  Hole  in  the  Wall,  and  on  such  other  places  within  the  acknow- 
ledged dominion  of  that  power,  or  the  Islands,  Keys,  or  Shoals  on 
the  Bahama  Banks,  as  may  be  necessary  for  the  erection  and  sup- 
port of  Light- Houses,  Beacons,  Buoys,  or  Floating  Lights  for  the 
security  of  navigation  over  and  near  the  sand  banks,  and  to  be  used 
solely  for  such  purposes.  " 

Inconsequence  of  these  Resolutions,  and  a  call  made  by  the  Se- 
cretary of  State  on  the  Secretary  of  the  Navy,  the  whole  subject 
has  been  referred  to  me,  with  instructions  to  obtain  the  necessary 
information  thereon,  to  be  laid  before  the  Government,  and  I  have 
the  honour  to  solicit  of  your  Excellency  the  information  called  for, 
with  your  opinion  as  to  what  portion  of  the  Island  of  Abaco,  near 
the  Hole  in  the  Wall,  and  what  other  places  within  the  acknowledg- 
ed dominion  of  Great  Britain  on  the  Islands,  Keys  and  Shoals,  as 
described  in  the  Resolutions,  may  be  necessary,  for  the  purposes 
therein  mentioned. 

The  description  of  the  places  should  be  made  with  sufficient  pre- 
cision with  regard  to  topography,  to  be  inserted  in  the  articles  of 
cession,  if  the  consent  of  Great  Britain  to  make  it,  should  be  ob- 
tained. 

Such  information  as  your  Excellency  may  be  enabled  to  furnish, 
without  reference  to  his  Britannic  Majesty's  Government,  I  shall 
be  glad  to  have  as  early  as  convenient;  and  where  reference  is  ne- 
nessary,  where  the  information  may  be  obtained,  I  beg  that  I  may 
be  enabled  to  lay  it  before  the  Government  of  the  United  States, 
with  as  little  loss  of  lime  as  possible,  in  order  that  an  object  so  de- 
sirable to  the  commercial  world  may  be  promptly  undertaken  and 
speedily  executed. 

I  had  hoped  to  have  had  it  in  my  power  to  have  done  myself 
the  honour  to  make  this  application  in  person,  but  circumstances 
connected  with  my  public  duties  deprive  me  of  the  pleasure  I  had 
anticipated.  With  the  highest  respect,  your  Excellency's  obedi- 
ent servant,  (Signed,)  D.  PORTER. 

To. His  Excellency,  Maj.  Gen.  L.  GRANT,  Governor  of  the  Bahamas 


323 

Official  Communications  to  and  from  the  British  Offi- 
cers in  the  West  Indies. 

Sir  THOMAS  COCHRAJTE,  Captain  of  His  Britannic  Majesty's  ship  Forte,  and 
commanding  a  squadron  of  H  B.  M.  ships  and  vessels  at  Porto  Rico 

To  Commodore  PORTER,  commanding  the  United  States' squadron  in  the  West 
Indies  and  Gulf  of  Mexico. 

His  BRITAHNIC  MAJESTY'S  SHIP  FORTE, 

Porto  Rico,  6tfi  March,  1823. 

SIR  :  I  avail  myself  of  the  opportunity  offered  by  the  United 
States  schooner  Grey  Hound,  to  return  you  rny  best  thanks  for 
your  ready  attention  to  my  communication  of  the  4th  inst.  as  well 
as  to  renew  the  assurances  of  my  sincere  desire  to  cultivate  that 
harmony  and  gooil  understanding  so  happily  existing  between  our 
respective  countries,  and  in  which  I  am  only  anticipating  what  F 
know  would  be  the  commands  and  wishes  of  my  own  government. 

The  extended  view  you  have  taken  of  the  measures  necessary  to 
be  pursued  against  pirates,  in  the  orders  issued  to  your  squadron, 
roust  entitle  you  to  the  thanks  of  all  nations  who  have  commercial 
relations  in  these  seas. 

And  I  will  not  fail  to  communicate  to  Commodore  Sir  Edward 
O'.vnn  the  signals  by  which  the  several  vessels  of  your  squadron 
may  be  known  ;  and,  in  conformity  to  your  wishes,  I  beg  leave  to 
enclose  a  signal  by  which  the  vessels  on  the  leeward  Island  station 
may  be  recognized  on  meeting  your  cruizers,  which  I  am  sure  the 
Commodore  will  ctmse  to  be  communicated  to  the  ships  and  ves- 
sels under  bis  command,  without  loss  of  time. 

With  sentiments  of  the  highest  consideration,  I  have  the  hbnour 
to  remain,  sir,  your  most  obedient  humble  servant, 

THOS.  COCHRANE. 


Quadruplicate. 

The  Commodore  Sir   EDWARD  W.  C.   R.  OWEN,  Knight  Commander  of  the 

Most  Honourable    Military  Order  of  the  Bath,   commanding  a  squadron  of 

His  Britannic  Majesty's  ships  and  vessels, 
To  Commodore  PORTER,  Commanding  the  Naval  Forces  of  tha  United  States 

of  North  America  in  the  West  Indies. 

SIR  :  Captain  Sir  Thomas  Cochrane.  of  His  Britannic  Majesty's 
ship  Forte,  having  represented  to  me  the  particulars  of  his  corres- 
pondence with  you,  upon  the  circumstanres  which  occurred  on  the 
occasion  of  His  Majesty's  sloop  Bellette,  communicating  with  the 
Grey  Hound,  a  schooner  of  war  belonging  to  the  Government  of 
the  United  States  of  North  America,  and  under  your  command. — 
I  have  great  pleasure  in  adopting  the  signals  which  have  been  es- 
tablished between  you  for  the  recognition  of  the  vessels  of  each 
squadron,  by  those  belonging  to  the  other  ;  a  measure  well  calcula- 
ted, not  only  to  prevent  unnecessary  interruption,  but  to  ensure  co- 
operation, if  any  case  of  mutual  interest  shall  require  if. 


324 

I  hope  to  find  in  this  measure,  and  in  the  conciliatory  style  oi' 
youi  reply  to  the  representation  which  Captain  Sir  Thomas  Coch- 
rane  thought  right  to  make  you,  a  firm  foundation  for  that  confi- 
dence, good  will,  and  harmony,  with  which  the  officers  of  friendly 
powers  should  meet  each  other  ;  and,  I  assure  you,  that  I  shall  be 
at  all  times  happy  in  what  regards  myself,  to  set  a  good  example  of 
this  feeling,  and  to  cultivate  in  those  whom  I  command,  the  same 
good  disposition  with  which  I  have  now  the  honour  to  subscribe 
myself.  Sir,  your  very  obedient  humble  servant, 

E.  W.  C.  R.  OWEN. 

On  board  His  Brilannick  Majesly^s  ship  the  Gloucester,  in  Carlisle  Bay,  Barbo- 
does,  22d  March,  1823. 

N.  B. — Copy  of  an  order  issued  with  them  is  enclosed. 


(Extract.) 

E.  W.  C.  R.  OWEU,  Commodoie. 

Extract  from  a  Report  made  by  Captain  MACLEAN,  of  His  Majesty's  Brig 
Bustard,  to  Commodore  Sir  EDWARD  OWEN,  K.  C.  B.  dated  Havana, 
5th  July,  1823. 

"  On  the  9th  of  June,  the  Speedwell  came  off  the  fort,  when  she 

"  was  despatched  to  Manati.  On  that  day  the  United  States  schoon- 

"  ers  of  war  Fox  and  Weazel,  with  two  barges  similar  to  ours,  ar- 

"  rived,  under  the  orders  of  Lieut.  Watson,  the  commander  of  the 

'  steam  boat  Sea  Gull.     He  waited  upon  me,  and  most  handsomely 

'  offered  (o  place  his  force  under  my  orders,  which  I  would  notac- 

'  cept  of,  but  stated,  as  we  were  employed  upon  a'similar  service,  we 

'  could  mutually  consult  what  measures  were  best  to  be  observed, 

'  and  the  pleasure  we  all  felt  in  acting  in  concert." 

"  We  were  together  sometime,  and  they  never  did  any  thing 
"  without  consulting  me,  and  the  utmost  unanimity  and  friendship 
"  was  observed.  On  the  10th,  sailed  from  A  ilarra,  two  squadrons 
"  in  company,  which  were  dispersed  along  the  Coast.  On  the  af- 
"  ternoon  of  the  1 1th,  we  all  anchored  at  Nuevitas. 

'*  It  took  us  to  the  13th,  making  various  researches,  and  board- 
"  ing  various  vessels  at  the  upper  part  of  the  harbour,  which  ex- 
"  tends  five  leagues. 

"  We  that  day  proceeded  to  Cayo  Confites  together,  and  in  the 

"morning  of  Saturday,  at  day-light,  observed  two  ships  on  shore 

"  on  the  Chesterfield  reef,  Cayo  Verde.  We  immediately  despatch- 

"  ed  all  our  boats,  and  found  them  to  be  the  American  ship  War- 

"  rington,  L.   Dillingham,  master,  from  Bordeaux  to  Havana,  and 

"  the  Hamburg  ship  Caesar,  W.  Janss,  from  Hamburg  to  Havana. 

'  They  had  got  onshore  that  morning  at  4  o'clock.     After  every  ex- 

'  ertion  was  used  to  extricate  them  without  effect,  we  were  under 

'  the  necessity  of  getting  what  cargo  we  could  on  shore  on  Cayo 

'  Verde,  and   commenced   their   destruction,  to   prevent  pirates 

'  equipping  from  the  wrecks. 

"  The  American??  despatched,  by  mutual  wish,  the  Weazel  for 


325 


"  thousand  dollars  ;  bu    from  thn  I  *"  tW°  to   h«* 

••  little  value.     Oa  Ihe    /^I  ^JX/gft  "*'•  ""de 
"  J^ys  and  Inlets  to  Boca  Lazua  I  ,  r      7    *""**  to  ™it  all  the 
"Bustard    towards  Girger  fcfv    «  d  ^nde'   Proceeding  with  th 
''Speedvvell.withthrAlerica^r     ^'T*   Bank'   and  left    he 
-  protect  the  property  6?^,  SST&fc^H?  ***« 
he   Bank,  and   the  fo|lo*        J™'     J    "  chd  that  night  on 


s        manner 

;the   wrecks,  as  also  on   shir?  af  Cavo  v"7  We?  at  Work 
'   guards  placed,  and  the  officers  observed  I^V^6  We 
"  cord.ng  to  rank,  and  our  respect^  h  °thers  orde™ 

cer  for  order   and  to  make  thlir  ^  l°  the  s^or  offi 

board  the  w^kVo?^,?  ^  emPIo^d  per 


. 

"  under  weigh  to  pick  our'boa  'On'    Ihe^ot  ^eir 

"  and  Cons,dered 


The  Commodore  SIR  EDWARD  W~n~~ 

Most  Honourable  Military  O«ler"o  ^       '**' 

Ships  and 


Naval  Forces  of  the  United  State,, 


Admiral  Sir  Charles  Rowley  to  Qre^t  Br't  •      ^  the  Feturn  of  Rear 
occasion  of  His  Majesty's  ship  TVnp  "  ''  J  avai1  m^self  of  the 

of  the  squadron  under  your  commin/?1"8,  nC,ar  the  rend^vouS 
c.rcumstance  ;  and  to  repeat   t  ^  ^  L    mak6  kn°T  l°  ^Ou  th;j 
ways  have  great  pleasure  in  cuhhr  ^^^ce  that  I  shall  al 

the  office»8aod  others  we  respective,?  Wlth  y°Telf'  and  bel-e« 
and  amicable  feelipg,  which  it  ,Ps  n  C°mmnd'  «M  confidenc 


we  respectie,  ' 

and  amicable  feelipg,  which  it  ,Ps  nS  MP«   C°mmfnd'  «M  confidence 
to  preserve,  by  all  teans  in  my  powe?  "'  lncllnation  than  »J  <^>' 


to  enclose  you  the 

Barbados  ;  and  wl  ich  has  been  for^  '".T^  °f  Writin8  to  y«« 
the  hope  of  reachin.you  fonvarded  ^y  several  ves/els, 

6 


u 

n-neteen  of  the  cretv  of  the  ^ratVh       '  1S^d'  the  caPtain 
by  the  boats  of  His  Maje«tyl  E  T    °°ne,r  ^aragoz^«.  captured 
jnumcating  with  vou  inSahal  5™  Td  Thracean.  after  com- 
bare  been  condemned  to  death  '"  the  month  »f  March, 


326 

And,  that  the  trial  of  three  others,  forming  with  the  exception  oi 
those  who  gave  evidence,  the  remainder  of  those  captured  by  the 
boats,  has  been  deferred,  to  allow  them  to  procure  some  proof,  which 
they  consider  will  be  favourable  to  them. 

This,  together  with  the  numerous  vessels  which  have  been  de- 
stroyed of  late,  I  hope  will  give  a  check  to  the  nefarious  practices 
of  these  remorseless  depredators,  and  relieve  the  peaceful  trader 
from  all  fear  of  future  outrage. 

And,  in  the  hope  of  seeing  this  great  end  accomplished,  by  the 
exertions  of  the  several  individuals  we  respectively  command,  in 
which  we  may  preserve  a  commendable  rivalry,  I  have  the  hon- 
tmr  to  subscribe  myself,  sir,  your  very  obedient  and  hnmble  servant, 

E   W.  C.  R.  OWEN. 

On  board  His  Brilannick  Majesty's  ship  the  Gloucester,  in  Port  Royal  Har-- 
hour,  Jamaica,  19  May,  1823. 

Commodore  Sir  Edward  W.  C.  R.  OWES,  Knight  Commander  of  the  Most  Ho- 
nourable Military  Order  of  the  Bath;  Commander  in  Chief  of  His  Britannic 
Majesty's  Ships  and  Vessels,  employed  in  the  West  Indies,  and  the  Seas  ad- 
jacent, 

To  Commodore  DAVID  PORTER,  Commanding  the  Naval  Forces  of  the  United 
States  of  North  America,  in  the  West  Indies  and  Gulf  of  Mexico. 

SIR  :  I  avail  myself  of  the  arrival  of  the  schooners  Grey  Hound 
and  Beagle,  to  acknowledge  the  receipt  of  the  letter  which  you 
did  me  the  honour  to  address  to  me  on  the  12th  of  June  last,  en- 
closing one  for  Captain  Sir  Thomas  Cochrane,  commanding  His 
Britannick  Majesty's  ship  the  Forte  ;  and  I  shall  not  fail  to  transmit 
the  gratifying  assurance  which  it  contains,  that,  the  respect  it  was 
his  pride  and  duty  to  shew  to  the  remains  of  a  gallant  officer,  whose 
estimable  qualities  had  endeared  him  to  his  brethren,  and  to  those 
who  best  could  estimate  his  worth,  had  been  received  with  satis- 
faction by  yourself,  and  the  several  officers  under  your  command. 

He  will  receive,  with  pleasure,  that  testimony  of  the  interest 
which  you  take  in  promoting  and  improving  the  sentiments  of  mu- 
tual good-will  which  hitherto  have  marked  the  intercourse  of  the 
vessels  of  our  respective  squadrons,  a  disposition  which,  I  trust, 
the  con6dence  that  we  reciprocally  manifest,  will  confirm  and  ren- 
der still  more  perfect. 

I  am  happy  to  enclose  you  a  gratifying  proof  of  this  improving 
sentiment  of  good-will,  in  an  extract  from  »  report  which  has  been 
made  to  me  by  Captain  Maclean,  of  His  Majesty's  brig  of  war  Bus- 
tard, making  known  to  me  how  perfectly  a  small  detachment  from 
your  force,  commanded  by  the  Lieut.  Com.  Watson,  has  co-operated 
with  him  in  the  service  which  I  had  entrusted  to  his  guidance  ;  and, 
I  beg  that  1  may  be  permitted  to  express  the  pleasure  that  com- 
munication has  afforded  me. 

I  am  happy,  further,  to  acquaint  yon,  that  a  piratical  schooner, 
which  had  been  cruising  in  the  vicinity  of  the  Isle  of  Pines,  was 
driven  on  shore,  and  captured  by  the  schooners  Lion  and  Union , 


327 

under  my  command,  on  the  5th  June  ;  and,  though  the  crew  es- 
caped on  shore,  I  am  glad  to  learn  by  some  Cuba  papers,  that  a 
party  which  had  been  ordered  by  the  Commandant  of  Trinidad  to 
pursue  them  into  the  interior,  had  been  successful  in  taking  a  con- 
siderable number  of  them. 

I  cannet  close  this  letter,  without  offering  you  my  congratula- 
tions on  the  success  attending  the  exertions  of  Captains  Kearney 
and  Newton,  in  destroying  the  piratical  establishment  at  Cape  Cruz, 
in  which  vicinity  a  row-boat  had,  a  short  time  back,  been  stated  to 
have  robbed  some  smugglers. 

Although  your  squadron  has  not  been  fortunate  in  capturing  the 
crews  of  pirates,  who,  since  the  affair  of  the  Zaragozana,  are  cau- 
tious in  committing  themselves,  by  a  resistance  which  denies  es- 
cape, yet,  the  judgment  with  which  your  squadron  is  distributed, 
and  the  perseverance  which  your  officers  have  shewn,  under  cir- 
cumstances of  great  deprivation,  have  not  been  unrewarded  ;  and, 
to  these  causes,  we  may  attribute  truly  a  considerable  portion  of 
the  comparative  security  which  the  merchant  vessels,  passing 
through  the  Gulf,  have  felt  since  its  arrival. 

I  trust  success  will  still  mark  the  exertions  it  is  making  for  the 
general  benefit — Whilst  I  have  the  honour  to  remain,  with  senti- 
ments of  sincere  respect,  your  very  obedient  humble  servant, 

E.  W.  C,  R.  OWEN. 

On  board  His  Britannick  Majesty's  ship  the  Gloucester,  in  Port  Royal 
Harbour,  Jamaica,  the  29th  July,  1823. 


His  BRITANIC  MAJESTY'S  SHIP  GLOUCESTER, 

In  Port  lioi,al  Harbour,  Jamaica,  the  23rd of  September,  1823. 
To  Commodore  Porter,  Commanding  the  Naval  forces  of  the  United  State*  of 
North  America,  in  the  West  Indies. 

Sm  :  I  have  had  no  opportunity  since  the  arrival  of  His  Majes- 
ty's brig  the  Bustard,  of  forwarding  to  you  the  sincere  acknowledg- 
ments that  I  so  justly  owe  you,  for  the  kindness  and  attention  which 
you  lavished  on  that  vessel's  sick  and  helpless  crew,  when  her  Cap- 
tain thought  it  right  to  seek  refuge  at  your  rendezvous. 

In  my  own  name  and  that  of  Captain  Maclean,  and  of  every  offi- 
cer and  man  belonging  to  her,  I  beg  you  will  accept  my  warmest 
thanks,  not  only  as  the  attentive  care  with  which  you  watched  the 
progress  of  that  afflicting  malady  was  consoling  to  the  sufferers  in 
the  depression  which  attends  disease,  but  as  your  own  experience 
was  made  useful  in  the  anticipation,  and  your  stores  were  generous- 
ly applied  to  the  removal  of  their  wants,  even  to  your  own  depri- 
vation, in  cases  where  the  infant  state  of  your  establishment  did  not 
enable  it  to  supply  them  otherwise. 

I  have  charged  Captain  Stafford,  of  His  Majesty's  sloop  Carna- 
tion, if  he  has  the  good  fortune  to  meet  you,  personally  to  repeat, 
how  sensibly  I  feel,  and  hovr  highly  I  value,  the  humane  and  liberal 
sentiments  which  have  governed  yt)u  herein. 


328 

The  necessities  of  the  Bustard  took  largely  from  your  supply  of 
medicines  and  medical  comforts  :  these  I  request  permission  to  re- 
place— and  as  arrow-root  and  castor-oil  are  native  productions 
here,  and  not  only  abundant,  but  I  hope  good,  I  have  given  direc- 
tions for  a  small  quantity  of  each  to  be  put  up,  and  1  request  you 
will  do  me  the  favour  to  apply  it  to  the  comfort  of  any  of  your  peo- 
ple who  require  it. 

Whilst  I  sincerely  hope  that  no  case  will  happen,  to  call  on  us 
for  a  return  of  kindness,  such  as  leaves  me  now  so  much  your  debt- 
or. I  will  likewise  hope,  all  future  intercourse  between  the  offi- 
cers of  our  respective  services,  may  be  marked  like  this — by  trunk 
and  liberal  sentiments,  such  as  best  can  soften  prejudice,  and  lead 
them  to  a  just  and  proper  estimation  of  each  other. 

It  will  be  my  duty  to  lay  the  Report  of  Captain  Maclean,  before 
the  Lords  Commissioners  of  the  Admiralty  of  the  United  Kingdom  ; 
in  doing  which,  I  shall  have  pleasure  likewise  in  repeating  the  sen- 
timents I  here  convey  to  you,  as  1  have  now  in  renewing  the  ex- 
pressions of  consideration  and  esteem,  with  which  I  have  the  ho- 
nour to  remain,  sir,  your  most  obedient  humble  servant, 

E.  W.  C.  R.  OWEN, 

Commodore   Commander  in   Chief  of  H.  B.  M.  ships  and  vessels  in  ike 
West  Indies. 


Captain  Roberts,  of  his  Majesty's  ship  Thracian,  presents  his 
compliments  to  the  American  Commodore,  and  would  have  had  the 
pleasure  of  waiting  on  him,  but  is  indisposed. 

He  begs  to  inform  the  Commodore,  that  the  vessels  at  anchor  are 
H.  M.  ships  Tyne  and  Thracian — that  all  the  boats  of  boih  ships  are 
away  on  the  coast,  under  Captain  Wolcott,  of  the  former  ship. 
They  have  been  away  three  days,  and  are  expected  back.  Both 
ships  have  been  on  the  coast,  this  side  of  Auguilla,  for  five  weeks, 
and  have  taken  nothing.  The  boats  have  been  often  away  ;  and 
about  nine  days  back,  being  off  Ensenachos,  the  Thracian's  boats 
chased  amongst  the  Keys  a  small  schooner,  and  three  row  boats, 
having  with  them  a  merchant  sloop,  apparently  American.  Not 
knowing  the  coast  sufficiently,  the  boats  could  find  no  passage  within 
sand  banks,  and  were  obliged  to  carry  them  over  three.  The 
sloop  was  aground,  and  threw  all  her  cargo  overboard,  consisting  of 
flour ;  but  tfce  other  vessels  went  away  to  westward,  within  the 
Keys,  with  a  breeze.  Night  coming  on,  and  it  blowing  strong 
from  N.  N.  E.  the  boats  returned. 

Captain  Roberts  will  feel  obliged  to  the  Commodore,  for  any  in- 
formation or  papers  ; — and  if  he  has  any  thing  to  send  to  Jamaica, 
will  be  happy  to  convey  it,  as  the  ships  are  about  to  proceed  there 
shortly. 

H.  M.  S.  THRACTAW,  If/A  March,  1823. 


329 

H.  B.  Jtf.  S.  Bustard,  Key  West,  July  23rrf,  1823. 
SIR  :  Ibeg  leave  to  acquaint  you  that,  in  cruising  in  the  Old  Baha- 
ma channel  with  a  small  squadron  under  nay  orders,  1  had  the  good 
fortune  to  meet  at  Port  Xilarra  with  a  detachment  of  yours,  under 
the  orders  of  W.  H.  Watson,  Esq.  employed  upon  a  similar  service 
to  myself;  we  were  together  a  considerable  time,  and  on  two  mer- 
chant ships  being  wrecked  upon  a  reef  of  Cayo  Verde,  it  afforded 
us  the  pleasing  opportunity  of  acting  in  junction,  both  afloat  and  oa 
shore,  and  I  feel  most  sincere  satisfaction  in  having  the  honour  of 
reporting  the  unanimity  and  cordiality  which  was  invariably  observed. 
To  Capt.  Watson  I  consider  myself  personally  indebted  for  his 
friendly  attention,  and  desire  of  keeping  up  an  interchange  of  infor- 
mation which  is  most  gratifying  for  officers  to  meet  with  from  each 
other,  when  pursuing  the  «ame  object.  I  have  come  to  this  anchor- 
age for  the  express  purpose  of  making  this  communication,  and  felt 
a  pleasing  duty  representing  the  same  to  Commodore  Sir  Edward 
Owen,  whose  orders  to  me  were  to  co-operate  with  your  forces,  if 
it  met  the  wishes  of  those  officers  i  might  have  the  pleasure  of 
meeting  with. 

1  have  the  honour  to  be,  with  every  sentiment  of  respect,  and 
esteem  Sir,  your  most  obedient  and  very  humble  servant, 

R.  MACLEAN,  Commander. 
Commodore  PORTER,  &c.  &c.  &c. 


SEA  GULL,  PORT  RODGKRS,  July  25/A,  1823. 

DEAR  SIR  :  I  have  the  pleasure  to  acknowledge  the  receipt  pf 
your  letter  of  the  23rd,  communicating  the  circumstances  of  your 
co-operation  with  part  of  my  forces  in  the  Old  Straights  in  the  pur- 
suit of  pirates,  and  in  the  rescue  of  the  cargoes  of  two  merchant  ships, 
wrecked  near  Key  Verd,  of  your  satisfaction  in  reporting  the  cor- 
diality which  prevailed,  and  making  an  offer  of  future  co-operation. 

On  the  return  of  Lieut.  Comd't  Watson  from  his  expedition,  the 
representations  made  by  him  to  me,  of  the  conduct  of  yourself  and 
officers,  on  all  transactions  wherein  you  were  mutually  engaged,  was 
most  gratifying  to  me,  and  gave  me  a  high  opinion  of  your  character 
which  1  find  loses  nothing  on  acquaintance. 

It  will  afford  me,  as  1  am  sure  it  will  every  officer  under  my 
command,  sincere  pleasure  to  co-operate  with  you,  or  any  other 
British  officer,  against  our  common  enemy.  So  long  as  the  same 
cordiality  of  feeling  which  has  been  manifested  by  you  shall  prevail. 

It  will  be  highly  gratifying  to  me  if  the  British  officers  on  this 
station  will  visit  our  little  establishment  more  frequently,  and  al- 
though we  have  not  much  to  offer  them,  we  can  assure  them  of  a 
hearty  welcome. 

With  great  respect,  I  have  the  honour  to  be,  your  very  obedient 
servant,  (Signed,)  D.  PORTER. 

To  Capt.  R.  MACLEAN,  H.  B,  M.  Brig  Bustard. 

42 


330 

. 

H.   M.  S.  Bustard,  Thompson's  Island,  JugustSth,  1823. 

DEAR  sm  :  your  having  placed  in  my  hands  an  account  transmit- 
ted you  of  an  act  of  piracy,  committed  by  the  capture  of  the  Ameri- 
can Brig  Two  Brothers,  of  Newbury  Port,  I  beg  leave  to  acquaint 
you,  for  the  information  of  those  concerned,  that  upon  the  llth  of 
May  last,  1  visited  Cumberland  Harbour,  in  the  S.  E.  end  of  Cuba, 
with  H.  B.  M.  Sloop  under  my  command,  and  found  a  vessel  p»e- 
cisely  the  description  ;  she  was  at  anchor  in  the  river  Augusta, 
.about  a  mile  and  a  half  from  the  entrance,  and  had  been  removed 
there  by  the  Spanish  authorities,  whose  charge  she  was  under  ; 
the  pirates  had  plundered  her  of  every  thrng  on  their  abandonment, 
at  that  port.  The  particulars  of  her  capture  by  them  was  furnish- 
ed me  in  a  conversation  with  Don  Jose  De  Lara,  Captain  of  the  par- 
ty at  the  district  of  Ma.  Catalina,  as  also  by  Corn's  O'Callaghan,  a 
planter  in  that  neighbourhood,  and  the  fishermen  in  the  harbour, 
their  depositions  appear  to  coincide  exactly  with  the  description 
and  account  you  have  furnished  me  of  the  said  vessel.  The  Com- 
mandant (or  Capt.  of  the  party  as  he  is  called)  further  informed  me, 
that  some  of  the  pirates  who  brought  her  in  had  been  apprehended, 
and  cent  to  the  authorities  of  St.  Jago  de  Cuba.  I  sincerely  truft 
this  may  lead  to  the  condign  punishment  of  such  an  execrable  act, 
and  have  the  honour  to  remain  with  esteem,  dear  sir,  yours,  most 
respectfully,  R.  MACLEAN 

To  Commodore  PORTER,  Sic.  Sic.  &c. 

H.  Mk  S.  CARNATION,  Havana,  Jan.  iQth,  1825. 
My  DEAR  sm  :  Your  kind  and  obliging  favour  of  the  3rd  inst- 
I  have  had  the  pleasure  of  receiving,  and  feel  happy  to  hear  of 
your  good  health.  The  improvements  you  are  making  at  Thomp- 
son's Island  will  be  of  great  use  to  the(naval  establishment ;  I  regret 
to  hear  from  Lieut.  Liandet  you  have  several  cases  of  intermitting 
fever  in  the  hospital,  but  I  am  in  hopes  when  you  clear  away  a  lit- 
tle more  wood  and  drain  the  swamps,  the  place  will  become  heal- 
thy. We  have  no  news  of  consequence  here.  Several  reports  of 
piracy,  notwithstanding  our  numerous  force  round  the  island.  We 
have  five  vessels  of  war  upon  the  south  side,  and  the  same  num- 
ber on  this  ;  but,  excepting  we  have  a  proper  co-operation  from  the 
shores  of  Cuba,  it  is  my  opinion  the  United  Navy  or'  America  and 
England  would  not  effectually  suppress  piracy  ;  they  ought  to  insist 
upon  hanging  a  few  of  the  villians  v(who  are  now  in  confinement 
here  for  that  crime,)  at  the  entrance  of  some  of  the  principal  har- 
bours in  this  island  ;  such  an  example  would  be  attended  with  uni- 
versal benefit.  A  Spanish  squadron,  consisting  oi  a  frigate  and  two 
corvettes,  will  leave  this  upon  Wednesday,  for  the  Castle  of  San 
Juan  de  Ulloa,  taking  down  five  hundred  soldiers  ;  we  hear  they 
are  in  a  very  bad  state  there,  and  without  immediate  succour,  must 
surrender.  The  Dartmouth  Frigate,  Capt.  the  Hon.  J.  A.  Mande, 
has  relieved  me,  and  1  sail  in  a  few  days  for  Jamaica  direct.  I  can 
not  yet  say  where  my  next  cruise  will  be,  but  I  hope  to  have  aa 
opportt"Mty  of  visiting  the  United  States  shortly.  The  Dartmouth 


331 

and  three  schooners  are  searching  all  the  Old  Channel  of  Bahama, 
and  the  Ferret  is  also  in  that  direction.  1  beg  you  will  offer  my 
best  respects  to  Mrs.  Porter  and  family  when  you  write,  us  also  to 
Captain  Dallas.  I  shall  be  happy  to  be  the  bearer  of  any  letters,  &c. 
from  him  to  his  relations  in  Jamaica.  I  shall  not  leave  this  before 
Thursday  morning,  therefore  if  any  vessel  comes  over,  he  will 
have  an  opportunity  of  writing  them. 

Believe  me  ahvays  with  sincere  respect  and  esteem,  my  dear  sir , 
yours  truly,  R.  MACLEAN. 

Com.  D.  PORTER,  &c.  &c.  &c. 


Miscellaneous  Correspondence  on  the  General  subject  of 
Piracy  and  Convoy,  frc. 

TRISIDAD,  Cuba,  May  l9th,  1823 

DAVID  PORTER,  Esq. 

DEAR  SIR  :  We  have  the  pleasure  of  acknowledging  the  recei  pt 
«(  your  esteemed  favour  of  the  16th  ult.  with  the  inclosed  informa- 
tion to  American  merchants  and  ship  masters.  We  are  sorry  to  ob- 
serve that  it  is  not  in  your  power  to  send  any  protection  on  this  side  of 
the  island  for  the  present,  in  consequence  of  the  want  of  men.  We 
have  to  assure  you,  one  or  more  small  vessels  are  much  wanted  to 
cruize  between  Cape  Cruze  this  and  Cape  Antonio,  for  the  protec- 
tion of  American  vessels — at  present  there  is  two  pirates  off  cruiz- 
ing between  this  and  Cape  Briton  Key  Qiiego,  and  it  is  impossible 
for  us  to  say  what  depredations  they  may  commit  on  the  unarmed 
American  flag  ;  and  we  are  sorry  to  say,  there  is  no  armed  vessel 
in  port  to  send  after  them — we  have  therefore  to  hope  your  im- 
mediate attention  will  be  drawn  to  the  safety  of  American  vessels 
coming  and  departing  from  this.  We  have  no  doubt  but  you  are 
acquainted  that  those  piratical  vessels  are  generally  fitted  out  from 
different  ports  in  this  island,  and  that  they  have  their  friends  oo 
shore,  which  in  one  sense,  is  their  protection  towards  piracy. 

We  remain,  with  the  greatest  respect,  your  most  obedient  humble 
servant,  «-—  TATE  S.  GRAWN1NG. 

CONSCLTATE  OF  U.  STATES,  Jlloarado,  lO/A  Oct.   1824. 

SIR  :  I  have  just  received  positive  information  that  an  American 
vessel.  Brig  Cato,  Hugh  Dulany,  (master)  has  been  boarded  and 
robbed,  at  Tabasco,  at  a  place  called  Escovas,  twelve  leagues  be- 
low Villa  Hermosa,  the  principal  town.  The  master  and  three 
men  wounded.  This  vessel,  together  with  another,  the  schoo- 
ner Leader,  both  of  Philadelphia,  require  protection,  which  1 
have  no  doubt  you  will  promptly  afford  them.  It  is  desirable, 
your  vessel  permitting  it,  that  you  proceed  to  Tabasco  before 
entering  this  port.  The  masters  of  the  aforesaid  mentioned  ves- 
sels are  said  to  have  landed  their  guns  on  the  beach,  and  there 
formed  a  batery  for  their  protection. 

I  am,  sir,  with  great  respect,  your  very  humble  and  obedient 
servant,  WILLIAM  TAYLOR. 

Lt.  Comd't  CHAB  BOARMAJT,  U.  S  Schr, 


332 

ANCHORAGE  OF  SACRIFKIO,  October  4,  1823. 

Coni're  D.  PORTER,  Commanding  the  U.  S.  Squadron,  Thompson's  Island, 

SIR:  Forty-eight  hours  after  sailing  of  the  U.  S.  ship  Hornet 
from  the  port  of  Vera  Cruz,  the  castle  of  St.  John  De  Ulloa,  opened 
its  fire,  on  the  town  and  forts  of  Vera  Cruz,  which  has  continued 
froba  the  25tb  of  last  month,  to  this  day  at  intervals,  always  answer- 
ed by  the  Mexican  forts  ;  the  injury  done  on  either  side  is  very  tri- 
fling, but  commerce  is  driven  down  from  Vera  Cruz,  and  must  re- 
sort to  other  points.  Alvarado,  a  bar  harbour,  36  miles  S.  E.  from 
this  place,  admitting  vessels  of  1 1  feet,  is  the  point  which,  in  all  pro- 
bability, will  be  most  resorted  to. 

It  is  impossible  to  foresee  the  termination  of  these  hostilities,  and 
should  the  Spanish  authorities  of  Cuba  support  the  governor  of  Ul- 
loa, in  his  mad  attack,  it  is  somewhat  probable,  that  a  blockade  of 
Alvarado,  and  of  the  Mexican  coast  generally,  may  be  undertaken. 
In  such  an  event,  the  property  of  the  citizens  of  the  U.  S.  to  a 
considerable  amount,  may  be  placed  in  imminent  hazard,  and  will 
require  to  relieve  it  from  jeopardy — some  interference  on  the  part 
of  our  government  and  of  our  Naval  force. 

Three  are  at  present  in  the  port  of  Alvarado,  the  schooner  Fame, 
of  Philadelphia,  and  a  schooner  from  New  Orleans  ;  the  brig  George, 
and  the  schooner  Tom,  both  of  Philadelphia,  sail  from  this  anchor- 
age on  to-morrow,  for  the  same  port ;  several  vessels  from  the  U. 
S.  richly  laden,  are  daily  expected,  and  from  the  interior,  a  consid- 
erable sum  is  expected,  belonging  to  citizens  of  the  U.  S.  and  in- 
tended to  be  shipped  for  our  country. 

I  deem  it  my  duty  to  apprise  you  of  these  circumstances.  Your 
patriotism  and  vigilance  have  no  doubt  with  me,  that  you  will  prompt- 
ly adopt  such  measures  as  the  case  may  require. 

With  much  respect,  I  have  the  honour  to  be,  sir,  your  most  ob't 
servant,  T.  REILLY. 

Vice  Consul  of  the  U.  S.  for  the  Port  of  Vera  Crue. 


NEW  ORLEANS,  April  15th,  1823. 

SIR  :  A  most  atrocious  act  of  piracy,  has  been  committed  in 
Campeacby  Bay,  on  the  American  brig  Belisarius,  attended  by  the 
murder  of  her  captain  and  cook  in  a  most  shocking  and  cruel  man- 
ner ;  and  calls  for  every  effort  to  bring  the  perpetrators  to  punish- 
ment. It  also  appears  from  the  statement  of  the  mate,  and  such  of 
the  crew  of  the  Belisarius  as  have  been  examined,  that  at  the  time 
this  act  of  piracy  and  murder  was  committed,  there  were  several 
other  vessels  in  sight,  which,  from  hoisting  the  same  flag  with  the 
vessel  committing  the  act,  must  be  of  the  same  character. 

With  the  view  of  destroying  this  piratical  association,  bringing 
the  guilty  to  punishment,  and  affording  protection  to  the  commerce 
of  the  United  States,  in  the  Gulf  of  Mexico,  now  very  valuable, 
I  have  determined  to  retain  the  United  States'  schooner  Grampus, 
under  your  command,  on  that  service,  until  the  pleasure  of  the  De- 
partment shall  be  known. 


333 


above  mentioned,  «  looking  rfT  '*'  Fe"el  °r  Vessels 

the  Spamsh  coast  in  your  route  a  Sv  i,J  ports  and  inlets«  on 
vice  vv.IJ  permit)  with  the  v.ew  o?d±v'p  the  nat"re  ol'the  er? 
and  to  afford  protection  to  me«h«?T^eJ  ?f  7  ^'^  V6S 
In  the  detent,on  or  capture  of  ves  S  ,,the  United 

the  general  cruising  instruct  0^  .^  Wr  g,°Vern  >° 
the  slave  trade,  and  punis  hmen?o  fpTr  ^c!  fL  V'^  suPPr 
vy  Department.  ac^>  'urmshed  you  by 


suPPre«'on  of 

you  by  the  Na 


.  e     a 

feF- 


Tc  .Lieutenant  Commandant  FRAMCI"H    f       T"    P 
W  *  S'kooner  Grampus,  *ct™e^R*GOR*> 


(Extract.) 

"  The  success  that  has  atten^W"°Rr'EAws'  Dece^er^ih,  1823 

' 


and 


s  ,n  spece  are       queb  ' 

^opportunities  by  vessels  of  w^lhlJ3  Pl^6'  a"d'  fr°m  W 
board  small  merchant  schoonerT    jj  f?  ^obhged  to   risk  it  on 
ar  conveyance,  by  a  vessel  of  w'     ^      ?Uld  ^°U  est«b'ish  a  regu- 
Creased.   Applications  a  effeauen  1        ^mentS  W°Uld  be  great1^ 

^•Y' 


. 

transport  specje  to  this  pllce      E^.v        f°^md  Permit  them 
hoo  Ltir'art  ofs  month,  a  small 


most 


e  and 


SSS°  •  °^  'eieaEI£?SHBf 

/-i  \       6  •'"*•' J  I  '  A  ^J'T       T1        P  4  T^n^lP'  n  oy-v%T 

^om.  DAVJD  PORTER,  &c.  &c.  '  F^TTERSON.- 


334 

NEW-ORLEAJTS,  March  18ih,  1824. 

SIR  :  Captain  Paillet,  who  has,  for  some  time  past,  been  engaged 
in  the  commerce  between  this  port  and  Tabasco,  in  the  Province  of 
that  name,  where  he  has  a  trading  house  established,  and  was  cap- 
tured in  January  last,  by  a  piratical  boat — called  on  me  two  days 
ago,  to  communicate  the  circumstances  attending  his  capture,  and 
such  information  as  he  had  obtained  while  in  their  custody. 

He  was  captured  on  board  the  American  brig  Harriet  and  Lucy, 
Captain  Fanswart,  of  Hallowell,  (which  he  had  chartered,)  on  the 
24th  of  January  last,  when  close  in  with  the  entrance  of  the  River 
Tabasco,  by  an  open  boat  or  pirogue,  mounting  an  iron  4-pounder 
in  the  bow — having  a  crew  of  sixteen  athletic  young  men,  armed 
with  pistols  and  cutlasses — the  crew  all  European  Spaniards.  The 
brig  was  taken  possession  of,  but  the  officers  and  crew  not  materi- 
ally maltreated. 

The  pirates  represented  themselves  as  a  part  of  a  band  consist- 
ing of  fifty  men,  and,  as  they  said,  all  equally  strong  and  determined 
as  they  were,  but  that  they  were  without  a  Captain,  and  urged 
Captain  Paillet  to  join  their  association,  and  become  their  Chief, 
which  he  resolutely  refused,  and  demanded  to  be  put  on  shore 
with  the  officers  and  crew  of  the  brig,  which  they  complied  with 
on  the  following  day,  after  plundering  them  of  every  thing. 

Part  of  the  brig's  cargo  consisted  of  wines,  a  cask  of  which  was, 
during  the  night,  hoisted  on  deck,  broached,  and  each  helped  them- 
selves as  they  desired.  The  effects  of  the  wine  rendered  the  pi- 
rate* incautious,  and  they  conversed  of  their  affairs  without  dis- 
guise. •'  In  vino  veritas."  Captain  Paillet,  who  is  a  native  of  this 
city,  and  understands  the  Spanish  language  perfectly,  listened  at- 
tentively to  their  conversation,  and  learned,  that  their  associa- 
tion, as  before  stated,  consisted  of  fifty  persons  ;  that  they  cruised 
only  in  open  boats  or  pirogues,  never  ventured  far  from  land,  and 
that  their  boats  drew  so  little  water,  as  to  be  at  any  time  beached 
with  entire  safety  to  their  crews  ;  their  rendezvous  is  at  the  Island 
de  Mugeres,  or  Mohair  Key,  lying  off  Cape  Catoche,  distant  about 
five  miles,  to  which  place  they  take  their  prizes  ;  and  from  thence 
send  their  goods  to  iVIerida,  the  capital  of  the  Province  of  Yucatan. 

The  channel  or  passage  between  the  Cap-e  and  Island,  is  alone 
used  by  them;  the  water  not  deep,  and  the  anchorage  secure.  As 
evidence  of  their  security,  they  mentioned  having  captured  a  brig, 
and  after  cutting  away  her  masts,  moored  her  in  this  channel,  where 
she  remained  upwards  of  two  years  ;  that  they  had  not  been  mo- 
lested by  any  cruisers,  but  that  the  Governor  of  Merida  had  once 
sent  a  party  of  soldiers  against  them,  who  they  had  defeated. 

My  informant,  who  has  been  known  to  me  several  years,  is 
highly  respectable,  and  upon  whose  veracity  and  intelligence  full 
reliance  may  be  placed,  thinks,  from  what  he  learnt,  that  deposits 
of  property,  to  considerable  amount,  is  made  at  Mohair  Key,  by 
these  pirates  ;  and,  from  his  knowledge  of  the  country,  recommends, 
in  case  a  force  should  be  sent  against  them,  that  the  vessels  should 
not  make  the  island  in  the  day,  but,  if  practicable,  in  the  evening,. 


335 

that  their  approach  to  the  island  may  not  be  discovered,  then  sur- 
prise them,  and  prevent  their  escape. 

The  commerce  between  this  port  and  Tabasco,  Sical  and  Cam- 
peche,  is  already  very  valuable,  and  fast  increasing.  Information 
relative  to  these  pirates,  and  their  movements,  will  be  given  by  the 
Governor  of  Sical,  where  it  is  advised  to  call,  before  proceeding  to 
Mohair  Key. 

The  boat  that  captured  the  Harriet  and  Lucy,  came  out  from 
the  River  St.  Pedro,  distant  from  Tabasco  River  only  a  few  miles. 

I  have  the  honour  to  be,  with  great  respect,   your  obed't  serv't, 

DAN'L  T.  PATTERSON. 

Com.  DAVID  PORTER,  Comd^g  U.  S.  Naval  Forces  in  the  West  Indies 
and  Gulf  of  Mexico. 


(Extract,) 

NEW-ORLEAKS,  March  31  j/,  1824. 

u  I  had  the  pleasure  to  write  you  by  the  Wild  Cat,  Lt.  Wolbert. 
The  schooner  mentioned  in  that  letter,  has  made  several  trips  to 
Tampico.  and  each  time  brought  large  sums  in  specie,  and  a  small 
schooner  lately  arrived  from  thence  with  upwards  of  a  million  of 
dollars  in  gold  doubloons  :  'tis  said  a  large  amount  is  ready  for  ship- 
ping to  this  place,  and  waiting  a  secure  conveyance — much  of  it 
American  property.  The  best  interests  of  our  country,  it  appears  to 
me,  are  promoted  by  the  introduction  of  such  large  amounts  of  specie. 
I  wish  you  would  detach  a  small  vessel  or  two  to  me  ;  I  could  find 
employment  for  them  beneficial  to  the  public  service." 

(Signed)  DAN'L  T.  PATTERSON. 

Com.  PORTER,  &c.  &c. 


(Extract.) 

NEW-ORLEANS,  May  20lh  1824. 

*'  SIR  :  I  received,  with  great  pleasure,  your  letter  of  the  25th  ulf» 
by  Lt.  Ritchie.  The  arrival  of  the  Fox,  to  be  employed  between  this 
place  and  Tampico,  has  given  general  satisfaction  to  the  merchants 
of  this  city,  and  indeed  to  the  whole  community  ;  and  1  shall  en- 
deavour to  make  it  beneficial  to  you,  at  the  same  time  that  it  proves 
so  to  the  public.  Lieut.  Ritchie  leaves  this  this  afternoon,  to  join 
his  vessel  at  the  Balize,  and  will  sail  immediately  for  Tampico, 
should  this  city  be,  (as  I  much  fear  it  will,)  afflicted  this  summer 
by  an  epidemic.  The  small  vessels  can  rendezvous  at  Barataria, 
where  they  can  receive  any  supplies  they  may  require,  with- 
out delay,  from  the  city,  and  without  exposure  to  the  disease  of  the 
city  ;  they  can  also  there  obtain  fresh  provisions  in  abundance. 

We  have  all  been  gratified  by  the  visit  of  young  Farragut,  of 
whom  we  have  formed  a  high  opinion  ;  he  has  given  us  most  grati- 
fying information  of  you,  Airs.  Porter  and  your  family.  This  will, 
1  presume,  find  you  preparing  for  your  return  to  the  United  States, 
as  Lt.  Ritchie,  informs  me,  you  will  probably  do  in  all  the  ensuing 
month. 


836 

Piracy  is  now  quite  down,  and  will  want  only  a  force  in  the  West 
Indies  cruising,  to  keep  it  so.     1  have  not  heard  of  any  act  of  piracy 
or  force  since  my  letter  to  you  on  the  subject.     Should  I  learn  of 
any,  it  shall  be  immediately  communicated  to  you." 
Very  truly,  yours,  &c. 

(Signed)  DAN'L  T.  PATTERSON. 

Com.  PORTER,  &c.  &c. 


(Extract.) 
SEA  GULL,  PORT  RODGERS,  July  I9(h,  1823. 

I  notice  what  you  say  relative  to  the  agitations  which  prevail  in 
Cuba,  and  have  in  consequence,  sent  the  schooner  Fox  to  cruize  off 
Havana,  and  to  communicate  with  you  every  day. 

If,  in  your  opinion  a  sloop  of  war  will  be  necessary  to  take  on 
board  the  specie  of  our  merchants,  and  other  valuable  property  to 
transport  to  the  United  States,  or  to  this  place,  for  temporary  secu- 
rity, please  to  give  me  the  earliest  intelligence,  and  one  shall  be 
sent. 

Lieut.  Comd't  Ritchie  has  orders  to  return  to  this  place  with  any 
communication  you  may  have  to  make  to  me.  With  sentiments  of 
respect  aqd  esteem,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

Directed  to  Messrs.  CASTILLO,  BLACK,  &  Co.  Havana. 

U.  S.  SHIP  PEACOCK,  Thompson's  Island,  April  5th,  1823;, 
SIR:  I  have  received  your  favour  of  March  28,  and  regret  extreme- 
ly my  inability  to  comply  with  your  wish  at  this  moment  in  keeping  a 
stationary  force  off  Havana,  4n  consequence  of  those  vessels  having 
left  the  station  before  my  arrival,  which  I  confidently  expected  to 
find  here,  and  intended  for  regular  convoy. 

1  have  been  under  the  necessity  of  employing  some  of  my  small 
vessels  to  convoy  from  Matanzas,  and  so  soon  as  some  others  of  them 
arrived  which  are  now  to  leeward  of  Cuba,  1  shall  make  a  similar 
disposition  with  regard  to  Havana. 

This  you  may  rest  assured  of,  that  whatever  force  I  may  have  at 
my  disposal,  I  shall  endeavour  to  employ  it  so  as  to  afford  the  most 
effectual  protection  to  our  trade. 

Hoping  that  your  family  have  ere  this  arrived  in  safety, 
I  remain  with  great  respect,  your  obedient  servant, 

(Signed,)  D.   PORTER. 

GEORGE  KNIGHT,  Esa.  Havana. 


NDEVITAS,  \6lh  dpril,  1824. 

SIR  :  although  I  have  not  the  pleasure  of  knowing  you  personally, 
I  know  well  your  merit  and  your  fame. 

This  will  be  handed  you  by  Capt.  Legare;  he  has  rendered,  and  is 
rendering,  services  to  our  country,  in  company  with  his  brother 
officers,  on  this  unprotected  coast. 


337 

As  I  know  well  your  desires  to  be  universally  useful,  I  take  the 
liberty  to  recommend  to  your  attention  this  part  of  the  Island.  I 
do  firmly  believe,  that  you  cannot  better  employ  a  respectable  ves- 
sel of  war  in  any  situation,  than  on  this  coast  from  Sugar  Key,  to 
Orange  Harbour.  Our  vessels  trade  considerably  to  this  place,  and 
frequently  suffer  by  piratical  boats. 

I  wish  you  may  find  it  convenient  to  order  one  of  your  vessels  of 
war  to  this  place,  in  about  twenty  days,  to  convoy  out  a  schooner 
bound  for  New  York. 

I  am  your  obedient  servant,  JOHN   OWEN, 

Commodore  DAVID  PORTER,  Commanding  U.  S,  Natal  forces  West  Indies, 
Oulf  of  Mexico  ftc. 


U.  S.  SHIP  PEACOCK,  Off  Matanzas,  1&th  March,  1823. 

SIR  :  By  a  brig  bound  to  Havana,  I  embrace  the  opportunity  to 
send  you  an  extract  of  a  letter  from  the  Captain  General  of  Porta 
Rico  to  me,  dated  the  6th  inst.  in  reply  to  certain  inquiries  relative 
to  the  privateers  fitted  out  from  the  Island,  and  their  authority  foe 
interrupting  our  commerce  with  the  Main. 

The  information  it  contains  is  interesting  to  our  merchants,  and  I 
beg  you  to  give  it  publicity. 

I  am  now  bound  into  Matanzas,  to  wait  for  the  boats  of  this  ship, 
which,  with  the  greater  part  of  her  crew,  and  some  small  schoon- 
ers, have  been  near  a  week  absent  among  the  Keys,  on  the  South 
side  of  the  Old  Streights. 

We  have  examined  all  the  Keys  on  the  other  side,  and  have 
thoroughly  sounded  the  North  sides  of  Porto  Rico,  St.  Domingo, 
and  Cuba,  as  far  down  as  Cayo  Confites.  I  have  sent  small  vessels 
down  the  North  sides  .of  these  Islands,  to  examine  every  place 
where  a  pirate  would  be  likely  to  be  found,  and  have  despatched 
the  Shark  to  scour  the  Coast  from  Caraccas  to  La  Vera  Cruz.  I 
have  made  the  most  of  the  force  under  my  command,  but  the  result 
of  all  the  operations  I  cannot  know  until  I  arrive  at  Thompson's 
Island,  where  they  will  rendezvous. 

I  hope  to  be  there  in  a  few  days,  and  shall  soon  visit  Cuba  again. 
In  the  mean  time,  I  beg  you  to  write  to  me  at  Matanzas,  and  give  me 
all  the  information  you  can  about  the  pirates,  and  if  at  any  time  you 
get  intelligence  of  them,  which  it  is  desirable  I  should  have  soon, 
it  will  be  well  to  despatch  a  boat  to  Thompson's  Island  with  the 
information,  the  expense  of  which  I  will  cheerfully  pay. 

I  send  you  a  letter  for  the  Captain  General,  which  I  beg  you,  af- 
ter reading,  to  seal  and  present  to  him.  You  will  perceive  the 
necessity  of  a  speedy  reply,  but  I  fear  one  cannot  be  had  before  I 
leave  Matanzas.  I  shall,  therefore,  leave  behind  me  a  vessel  to 
bring  the  answer,  which  you  had  better  send  under  cover  to  one 
of  the  American  merchants,  (or  Consul  or  Commercial  Agent,  it' 
there  be  one  established  there,)  to  deliver  to  the  commander. 

By  a  list  furnished  me   from  the  Captain  General  of  Porto  Rico, 
it  appears  that  only  four  privateers  are  commissioned  to  cruise  from. 
43 


338 

that  Island,  one  of  which  is  taken  by  the  Patriot  cruizer  Constitu- 
tion, two  others  are  laid  up  at  Mayaguada,  and  one  was  spoken  by 
part  of  ray  squadron  on  the  South  side  of  Porto  Rico. 

There  is  one  privateer  from  Porto  Cabello  called  the  Esperanzay 
which  sailed  from  St.  Johns  on  the  20th  January  last. 

I  spoke  a  British  squadron  off  St.  Thomas,  which  afterwards  went 
to  St.  Johns,  consisting  of  a  frigate  and  two  sloops  of  war,  being 
part  of  the  force  under  Commodore  Owings,  and  bound  to  the  lee- 
ward station. 

1  also  found  two  British  sloops  of  war  at  Cayo  Confites,  search- 
ing for  pirates.  They  had  been  on  that  service  five  weeks,  and  ta- 
ken nothing.  They  informed  me  that  they  had  burnt  a  house  and 
flag  staff  at  Key  Encenachos,  therefore  if  we  should  be  charged 
with  the  act,  I  beg  you  to  set  the  matter  right. 

At  St.  Johns  an  extremely  melancholy  occurrence  took  place,  by 
the  firing  of  the  batteries  on  one  of  my  small  schooners,  which  re- 
sulted in  the  death  of  her  commander,  Lieut.  Com.  Wm  C.  Cocke. 

The  affair  will  occasion  great  excitement  in  the  United  States, 
and  cannot  be  justified  on  any  principle.  The  Captain  General  has 
endeavoured  to  atone  for  it  by  his  regrets,  but  nothing  short  of  the. 
punishment  of  the  officer  who  gave  the  order  to  fire  on  my  squad- 
ron, will  or  ought  to  satisfy  the  Government  and  people  of  the  Uni- 
ted States. 

We  enjoy  unusually  good  health  in  our  squadron,  and  I  feel  dis- 
posed to  preserve  it  by  avoiding  Havana,  which  is  the  reason  of 
my  not  visiting  it  now. 

Have  the  goodness  to  let  me  know  where  our  vessels  on  this  sta- 
tion are,  and  all  you  know  about  them. 

With  great  respect,  I  have  the  honour  to  be,  your  most  obedient* 
servant,  (Signed,)  D.  PORTER. 

JOHN  WARNER,  Esq.  American  Consul,  Havana. 


U.  S.  SHIP  PEACOCK,  Tftompson's  Island,  April  fi/A,  1823. 

SIR  :  By  a  small  expedition  under  Capt.  Cassin,  I  send  you  this, 
;mditis  likely  you  will  often  hear  from  me  in  this  way  hereafter. — 
If  any  vessels  arrive,  another  will  leave  here  in  a  few  days,  and  I 
hope  hereafter,  when  I  get  organized,  to  afford  regular  convoy  from 
Havana  every  Saturday  morning,  as  I  now  do  from  Matanzas  every 
Sunday. 

1  have  not  much  more  than  half  the  force  that  I  calculated  on,  in 
consequence  of  the  vessels  having  unexpectedly  left  the  Coast  of 
Cuba  before  my  arrival.  I  shall  do  all  I  can  with  whatever  force  I 
may  have,  and  I  think  I  shall  be  able  to  give  our  trade  effectual  pro- 
tection, and  at  the  same  time  keep  the  pirates  on  the  look  out. 

1  have  not  yet  received  the  letters  I  understood  were  sent  to 
Matanzas.  With  great  respect,  your  obedient  servant, 

(Signed,)  D,  PORTER. 

JOHN  WARNER,  Esq.  American  Consul.  Havana. 


339 

(Extract.)  U.  S.  SHIP  PEACOCK,  Alltnton,  April  lOih,  1823. 

SIR  :  This  will  be  handed  to  you  by  Lieut.  Coin.  L.  Kearney,  of 
the  Grey  Hound,  who  with  four  schooners  is  charged  by  me  with 
the  protection  of  our  commerce  at  Havana  and  Matanzas. 

He  will  give  convoy  from  Havana  every  Saturday,  and  convoy 
will  he  given  from  Matanzas  every  Sunday.  It  will,  however,  be 
necessary  to  clean  the  vessels  soon,  and  we  have  had  no  opportuni- 
ty of  doing  any  thing  to  them  since  they  left  the  United  States. — 
You  will  be  informed  when  this  is  to  be  done,  in  order  that  the 
merchants  may  make  their  arrangements  accordingly. 

(Signed,)  D.  PORTER. 

Directed  to  JOHN  WARNER,  Esq.  American  Consul,  Havana. 


SEA  GULL,  dllenton,  June  7th,  1823. 

SIR  :  On  the  1st  and  15th  of  every  month,  one  of  the  armed  ves- 
sels under  my  command,  will  leave  Havana  for  the  United  States, 
with  convoy,  and  her  letter  bag  will  be  left  at  the  Counting  House 
of  Messrs.  Castillo,  Black  &  Co. 

Will  you  have  the  goodness  to  apprize  the  merchants  of  this  ar- 
rangement, that  they  may  avail  themselves  of  the  opportunities  ? 
Very  respectfully,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

JNO.  MOUNTAIN,  Esq.  Consular  Office. 


MATANZAS,  March  29/A,  1823. 

SIR  :  We,  the  undersigned,  representing  the  commercial  interest 
of  the  United  States,  at  this  port,  beg  leave  respectfully  to  greet 
you  on  your  arrival  among  us. 

The  pleasure  which,  as  Americans,  in  a  foreign  land  we  should 
always  experience  in  seeing  the  national  flag  of  our  country,  waiv- 
ing over  the  head  of  one  of  her  most  esteemed  commanders,  is  in 
this  case  sensibly  increased,  by  the  state  of  almost  total  abandon- 
ment in  which  we  were  left  previous  to  your  arrival — and  the  con- 
fidence which  your  character  inspires,  in  constant  and  complete 
protection  in  future  to  our  suffering  commerce  in  this  quarter. 
From  the  commencement  of  piratical  depredations  in  these  seas, 
the  immediate  vicinity  of  this  place  seems  to  have  been  a  favourite 
scene  for  their  operations.  The  numerous,  secure,  and  intricate 
harbours,  above  and  below  this  place,  to  which  they  carry  their 
prizes  and  plunder — the  absence  of  any  Spanish  naval  force,  at  the 
disposal  of  the  Governor  of  this  place,  and  the  very  unfrequent  ap- 
pearance of  vessels  of  war  of  any  nation  in  our  harbour,  has  em- 
boldened the  buccaneers  to  acts  of  audacious  villiany,  which  would 
scarce  be  credited  by  persons  near  the  scene  of  their  perpe- 
tration, and  accustomed  to  a  different  state  of  society.  Vessels  of 
the  most  contemptible  force,  and  even  open  boats,  have  made  cap- 
tures almost  in  the  mouth  of  the  harbour,  in  as  fearless  a  manner  a* 


340 

if  their  pursuits  were  lawful  and  proper  ;  and  with  a  knowledge  of 
the  actual  existence  of  a  force  of  this  kind  blockading  the  port,  we 
have  been  without  the  smallest  means  of  relief — and  vessels  have 
waited  from  ten  to  twenty  days  for  convoy,  and  finding  no  prospect 
of  obtaining  any,  have  collected  in  fleets,  and  braved  the  danger — 
some  have  escaped,  some  been  fortunate  enough  to  repel  their  as- 
sailants, and  some  have  been  captured. 

A  day  or  two  after  an  attack  on  the  brigs  Neptune,  Bondoni,  and 
Abeona,  in  which  the  pirates  were  repulsed,  but  remained  still  in 
the  neighbourhood  ; — information  was  communicated  to  Captain 
Biddle,  of  the  Macedonian,  who,  with  the  United  States' brig  Spark, 
was  then  at  Havana,  and  convoy  solicited  for  seven  vessels  then 
here ;  but  no  answer  was  received,  and  after  waiting  many  days, 
they  started  without  one.  It  is  now^but  little  less  than  five  months, 
since  the  blood  of  Allen  stained  the  waives  of  Seguapa — since  the 
foe  was  left  in  possession  of  that  bay  ;  and  we  believe  that  to  this 
hour  it  is  infested  by  these  desperadoes  ;  but  the  immense  amount 
of%  property  for  which  it  has  been  the  receptacle,  is  notorious  and 
acknowledged;  yet  in'all  the  period  we  h;>ve  named,  we  are  ignorant 
of  its  having  been  explored  by  any  armed  force,  or  at  any  attempt 
having  been  made  to  ferret  out  the  pirates  from  this,  their  prin- 
cipal retreat.  Nor  has  convoy  been  afforded,  except  on  two  occa- 
sions during  that  time.  We  are  well  aware  that  the  limited  extent 
of  the  American  trade  to  this  port,  where  only  about  two  hundred 
and  twenty  vessels  enter  and  clear  annually,  may  not  justify  a  large 
force  for  its  protection — but  when  we  reflect,  that  in  protecting  it 
you  cover  also  the  commerce  to  Havana,  Pensacola,  and  New  Or- 
leans, as  is  proved  by  the  fact  that  four  out  of  foe  of  the  vessels 
recaptured  by  the  Alligator,  were  bound  to  the  two  letter  ports,  and 
were  Captured  very  near  here — and  that  a  very  small  force  is  am- 
ply sufficient  for  the  purpose  ; — we  are  well  assured  you  will  grant 
it,  and  agree  with  us,  two  or  three  schooner.-  cannot  be  better 
employed,  than  in  guarding  so  important  a  thoroughfare.  We  con- 
ceive that  two  small,  and  one  large  schooner,  would  be  sufficient 
to  afford  weekly  convoy  from  hence,  which  would  be  as  often  ae 
necessary.  And  in  convoying  vessels  outward  bound  from  hence, 
those  coming  from  the  U.  States  would  also  derive  the  bene- 
fit of  it.  At  this  particular  conjuncture,  we  beg  to  state  that  there 
are  in  port  many  vessels  which  will  be  ready  for  sea  from  the  mid- 
dle to  the  end  of  the  coining  week,  and  respectfully  request,  that 
the  schooners  now  about  to  proceed  with  the  fleet,  may  return  as 
soon  as  convenient,  to  take  the  above  mentioned  vessels  under  their 
protection,  and  continue  to  give  convoy  until  it  may  suit  your  ar- 
rangements to  send  other  vessels. 

We  are  the  more  inclined  to  urge  this  request,  from  the  belief 
that  the  moment  your  vessels  are  out  of  sight,  depredations  will  be 
F!  commenced  with  increased  activity  and  ferocity,  as  the  numbers 
of  the  pirates  have  not  been  in  any  manner  diminished.  Leaving 
'he  subsequent  arrangements  for  our  protection,  entirely  to  your 


341 

judgment  and  experience,  we  would  add,  that  without  any  diminu- 
tion of  attachment  to  our  native  land,  we  feel  a  lively  interest  in  the 
prosperity  of  Cuba,  and  the  promotion  and  extension  of  its  inter* 
course  with  the  United  States,  which  is  highly  beneficial  to  both  -, 
and  to  express  our  confidence,  that  through  your  judicious  manage- 
ment and  exertions,  while  the  lawless,  abandoned,  and  cruel  des- 
peradoes who  infest  the  coast,  meet  with  prompt  and  exemplary 
chastiiement,  the  relation  of  amity  and  good  will,  which  exists  be- 
tween the  government  and  better  orders  of  the  people  and  the  United 
States,  will  be  cherished  and  strengthened. 

Appreciating,  in  the  warmest  manner,  the  motives  which  prompt- 
ed yourself  and  the  gallant  officers  of  your  squadron  to  volunteer  in 
this  service,  where  no  laurel  blooms  on  the  brow  of  danger  to 
tempt  the  eager  aspirant  to  pluck  it — and  where  humanity  and  pat- 
riotism could  alone  have  supplied  the  place  of  the  more  usual,  but 
less  noble  excitement  of  desire  of  wealth  and  glory — and  wishing 
you  and  them  every  possible  success,  and  the  most  ample  and  accep- 
table reward. 

We  have  the  honour  to  be,  sir,  your  most  humble  servants, 
LATTING,  ADAMS,  &  STEWART, 
ATKINS  &  ALLEN, 
SIMPSON,  TRYON,  4*  Co. 

To  Com.  D.  POUTER,  Commanding  U.  S.  Naval  forces  in  the  West  Indies 
and  Gulf  of  Mexico. 


U.  S.  SHIP  PEACOCK,  Matanzasy  March  30/A,  1828. 

GENTLEMEN  :  I  have  the  honour  to  acknowledge  the  receipt  of 
your  representation  in  behalf  of  the  American  merchants  of  Matan- 
zas,  of  the  unprotected  state  of  the  commerce  of  this  place,  and 
asking  for  convoy  for  the  same. 

It  is  the  source  of  great  regret  to  me,  that  my  means  of  affording 
convoy  should  be  so  circumscribed  as  they  are,  having  now  no  ves- 
sels on  the  station  but  those  intended  for  the  pursuit  and  destruction 
of  the  pirates,  and  are  illy  adapted  for  the  purposes  of  convoy. 
You  may  rest  assured,  however,  that  every  effort  shall  be  made, 
not  only  to  afford  convoy,  but  to  effect  the  other  objects  of  my  visits 
to  these  seas,  and  it  remains  for  us  only  to  redouble  our  exertions 
to  make  up  for  part  of  the  force  which  will  be  diverted  from  the 
object  for  which  it  was  originally  intended. 

I  shall,  for  the  present,  have  two  small  schooners,  the  Wild  Cat 
and  the  Beagle,  to  give  convoy  every  Sunday  morning,  as  far  as  the 
Double  Headed  Shot  Keys ;  and  when  it  shall  be  in  my  power  to 
afford  better  protection,  it  shall  be  done. 

For  the  flattering  expression  of  your  sentiments  towards  me,  and 
the  officers  under  my  command,  be  pleased  to  accept  my  sincere 
thanks,  and  believe  me  to  be,  gentlemen,  your  very  obedient  hum- 
ble servant, 

(Signed)  D.  PORTER. 

To  Messrs  LATTING,  ADAMS,&  STEWART  ;  ATKINS  &  ALLEN  ;  SIMPSOZT, 
TRYON,  &  Co,  Matamaj, 


342 

MATANZAS,  Sept.  17th.  1923, 
To  Lieut.  Cora't  F.  H.  GREGORY,  U.  S.  Schooner  Grampus. 

SIR  :  Understanding;  that  you  are  about  to  leare  this  station,  we, 
the  undersigned,  beg  leave  to  assure  [you]  of  the  high  sense  we  en- 
tertain of  the  means  you  have  adopted  to  protect  our  trade,  of 
which  we  have  received  repeated  benefits  :  at  the  same  time,  we 
feel  it  our  duty  to  express  our  thanks  to  you  for  your  promptitude 
in  furnishing  convoy,  and  assisting  single  vessels  out  of  that  Bay,  in 
furnishing  boats  to  tow  them  out  when  otherwise  dangerous  delays 
would  have  occurred  in  their  getting  to  sea. 

We  also  deem  it  necessary  that  the  Navy  Department  should  be 
made  more  fully  acquainted  with  the  forces  which  are  necessary  to 
guard  asainst  any  future  attempt  to  establish  piratical  hordes  in 
this  vicinity.  This  has  beeo  fully  exemplified  by  the  measures 
which  you  have  adopted,  of  remaining  in  port  with  the  U.  S. 
schooner  Grampus,  and  keeping  out  small  launches  to  scour  the 
coast ;  the  result  of  which  has  completed  every  expectation,  and 
cannot  fail  of  being  highly  gratifying  to  Commodore  Porter.  We 
have  no  doubt  that  the  salubrity  of  this  port  is  well  known  to  the 
Navy  Department,  and  confidently  hope  that  your  success  will  in- 
duce them  to  adopt  the  same  as  a  standing  measure,  while  the  ne- 
cessity of  this  protection  continues. 

We  should  feel  highly  gratified,  could  we  entertain  the  hope  of 
your  returning  amongst  us,  and  avail  of  this  opportunity  to  assure 
you  of  our  personal  esteem. 

We  remain,  sir,  your  obedient  servants, 

LATT1NG,  ADAMS  &  STEWART, 
LAWRENCE  &  MITCHEL, 
CHARLES  P.  BUTLER, 
SIMPSON,  TRYON,  &  Co. 

(Copy.) 

BANK  OF  THE  UNITED  STATES,  JVbr.  20/A,  1823. 
DEAR  SIR  :  1  have  been  for  some  time  desirous  of  communicating 
with  you,  previous  to  Com.  Porter's  sailing,  on  the  subject  of  em- 
ploying some  part  of  the  West  India  squadron  in  protecting  the 
tradp.  between  the  U.  S.  and  Mexico.  There  is  now  in  that  coun- 
try, according  to  the  best  information  I  can  procure,  property  to 
the  amount  of  about  one  million  and  a  half  dollars,  belonging  to 
New  York,  Philadelphia  and  Baltimore,  with  a  prospect  of  an  in- 
crease of  business.  Besides  incurring  the  risk  of  piracy,  this  pro- 
perty is  subjected  to  great  hazard  in  the  ports  6f  Mexico  itself, 
during  its  convulsions,  and  this  danger  will  be  much  increased, 
should  there  be  an  effort  on  the  part  of  Spain,  to  reconquer  the 
country,  by  sending  an  army  there.  In  such  an  event,  property, 
which  on  board  of  merchant  ships,  might  be  seized  and  confiscated, 
would  be  perfectly  safe  in  a  national  vessel.  It  would  therefore 
be  highly  useful  to  our  commerce,  and  very  acceptable  to  the  mer- 
chants, if  you  co'ild  arrange  the  movements  of  the  West  India 


343 

squadron,  in  such  a  manner  as  always  to  keep  one  of  the  public 
vessels  at  Vera  Cruz,  or  Alvarado,  until  she  was  relieved  by  ano- 
ther;  thus  enabling  our  countrymen  to  secure  their  property  while 
it  remained  in  Mexico,  and  afterwards  obtain  the  benefit  of  convoy. 
The  presence  of  such  a  vessel  would,  besides  its  direct  protection 
of  American  property,  occasion  a  considerable  transmission  to  the 
United  States,  of  specie,  which  now  finds  its  way  to  Europe,  by  other 
channels.  There  is  another  matter  connected  with  it,  which  de- 
serves reflection.  The  exports  of  Mexico  are  almost  exclusively 
specie  and  cochineal.  Now  cochineal  is  nearly  as  valuable,  in  pro- 
portion to  its  bulk,  as  specie  :  it  occupies  comparatively  very  lit- 
tle space,  and  is  as  good,  if  not  a  better  remittance,  owing  to  its 
high  price  in  Europe.  If  our  ships  were  allowed  to  receive  this 
article  as  well  as  specie,  it  wouW  be  of  great  importance  ;  and  the 
indulgence  might,  perhaps,  be  fairly  allowed,  under  the  peculiar 
circumstances  of  our  trade  with  Mexico. 

This  subject  has  excited  considerable  interest,  and  there  is  a  dis- 
position to  present  a  memorial  to  the  Government ;  but  on  your 
account,  1  should  prefer,  in  case  you  approve  the  measure,  that 
it  came  spontaneously  from  yourself. 

The  interest  which  the  Bank  of  the  United  States  has,  in  com- 
mon with  the  country  at  large,  in  giving  every  facility  to  the  intro- 
duction of  a  sound  currency,  will  explain,  and  I  trust  excuse,  the 
freedom  with  which  I  venture  to  submit  these  remarks  for  your 
consideration.  I  have  the  honour  to  be,  very  respectfully,  yours, 

N.  BIDDLE,  President. 

Hon.  SAM'J,  L.  SOUTHARD,  Secretary  of  the  Jfaty,  Washington. 


I  certify  the  above  to  be  a  true  copy   of  the  original  on  file  in 
the  Navy  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVY  DKrAUTMEST;  May\\th,  1825. 


NEW  YORK,  August  13th,  182*. 

Mr  DEAR  SIR:  Your  esteemed  favour  of  the  10th  reached  me 
this  morning,  and  I  shall  ascertain  to  day  if  the  Spark  will  be  in 
time  for  my  purposes.     I  can  assure  you  that  my  regret  at  the  pub- 
lication of  the  Matanzas  petition  was  quite  equal  to  your  own  ;  but 
tny  indignation  was  excited  by  the  official  or  ostensibly  official  com- 
munication which  accompanied  it.     The  act  of  the  clerk  in  the 
Counting,  without  a  shadow  of  authority,  and  contrary  to  my  orders; 
I  immediately  notified  the  editors  of  the  paper  of  that  fact ;  and 
seeing  reference  again  made  to  it,  in  a  wretched  compound  of  folly 
and  falsehood,  published  in  the  Democratic  press,  I  yesterday  ad- 
dressed a  few  lines  to  the  editors  of  the  American,  which  you  will 
.see  in  that  paper  of  to-day. — 'Tis  wonderful  that  editors  of  papers 
should  become  dupes  of  such  miserable  retailers  of  lies  as  the 
writer  of  "  the  spj  " — "  pero  no  hay  remedio.  " 


344 


I  shall  be  intiuitely  glad  to  see  yon  here,  I  am  at  16,  Broad- 
way, but  will  not  fail  to  look  out  For  you,  and  am,  with  the  utmost 
sincerity,  dear  sir,  your  most  obedient  servant,  F.  ADAMS. 


MATANZAS,  Dec.  iBlh,  182*. 

My  DEAR  SIR  :  I  learned  with  much  satisfaction  from  your  favour 
of  the  15th  inst.  your  ai rival  in  our  neighbourhood,  and  shall  anti- 
cipate the  pleasure  of  a  visit  from  you  here  at  as  early  a  period  as 
your  arrangements  will  permit.  On  the  subject  of  piracies,  as  much 
i»known,  and  much  more  said,  in  the  United  States  than  here.  In 
the  early  part  of  summer,  the  John,  of  Newport,  and  Castor,  of 
Portland,  were  captured  near,  and  bound  here — the  former  arrived 
here  with  some  trifling  loss  of  property,  and  the  [latter]  at  Havana. 
No  lives  were  lost  in  either  case.  The  Mercator  was  said  to  be 
captured  between  this  and  Havana,  from  New-York,  bound  to  that 
place.  No  subsequent  tidings  have  been  received  of  her,  and  a 
passenger,  a  Spaniard,  who  escaped,  appears  to  be  the  authority  on 
which  the  capture  was  reported.  The  transaction  at  Bahia  Honda 
comes  next  in  order  of  date,  and  beyond  the  re-capture  made  by 
the  Icavas,  Capt.  Graham.  I  have  seen  no  evidence  whatever  of 
their  having  been  other  captures  recently  made  there.  I  expect 
soon  to  see  Capt.  Graham,  with  whom  I  am  acquainted,  and  shall 
procure  from  him  correct  information  on  the  subject.  The  last  in- 
stance of  piracy  of  which  we  have  any  accounts,  was  the  capture 
of  the  Laura  Ann,  of  New-York,  near  Cannise,  a  few  leagues  to 
leeward  of  this  port,  surpassing  in  atrocity  any  thing  I  have  known 
before.  The  Hornet  had  been  some  days  in  Havana  ;  the  Porpoise 
was  there  also,  but  just  arrived  from  Africa  ;  the  Ferret  had  left 
there  but  a  day  or  two  before,  when  this  vessel  was  taken,  about 
the  21st  Oct.  Capt.  Skinner  arrived  hereabout  the  23d,  and  without 
particular  duty  to  act  on,  sent  secretly  an  expedition  of  boats  to 
Seguapa  ;  on  their  return  they  encountered  and  captured  the  pi- 
ratical schooner  Ann,  the  clothes  of  Capt.  Shaw,  and  much  other 
plunder,  which  were  brought  in  here.  After  Capt.  S.  had  sailed,  u 
sailor,  in  a  wretched  condition  was  brought  to  me,  who  detailed  the 
capture  «f  the  Laura  Ann,  the  murder  of  the  captain  and  crew,  him- 
self excepted,  and  his  escape.  The  Ferret  arriving  next  day,  he  was 
put  on  board,  and  Escondido,  Cannise,  and  the  adjacent  coast  searched 
by  Capt.  Bell.  The  long  boat,  and  some  half  burnt  spars  and  sails 
were  found,  and  a  man,  recognized  by  the  sailor,  who  was  seized, 
brought  here,  and  delivered  to  the  authorities,  where  the  business 
seems  to  have  ended.  The  unceasing  vigilance  which  has  since 
been  exerted  by  the  different  vessels,  with  their  boats,  along  the 
whole  coast,  seems  to  render  an  act  of  piracy  almost  an  impossibili- 
ty at  present.  Some  vessel  of  war  is  always  here,  and  convoy  given 
whenever  desired,  and  boats  almost  always  outride,  above  and  below 
us.  I  am  aware  that  censure  has  been  cast  on  you,  on  account  of 
recent  depredations  of  the  pirates,  but  those  who  know  the  advan- 


34o 

tages  they  have  in  changing  their  position,  and  assailing  vessels  pas- 
sing down  the  coast,  in  despite  of  the  vicinity  of  men  of  war,  the 
facts  I  have  stated  with  regard  to  the  Laura  Ann,  prove  that  nothing 
short  of  a  siring  of  vessels  round  the  Island,  in  hail  of  each  other, 
«an  prevent  the  plundering  of  altogether  unarmed  vessels.  A  very 
small  armament  would  suffice  for  defence  against  small  boats,  and 
our  naval  force  is  sufficient  protection  against  those  of  larger  class. 
The  Laura  Ann  had  no  arms — shame  to  her  owners.  The  licens- 
ed pirates,  or  vessels  armed,  manned,  and  commanded  by  citizens  of 
the  United  States,  such  as  the  Eagle,  Polly  Hampton,  Columbian, 
&c.  are  only  less  annoying  to  an  honest  commerce  than  the  mur- 
derers of  Shaw. 

We  are  now  near  two  weeks  without  an  arrival  from  the  middle 
states,  and  have  consequently  few  or  no  papers.  I  send  all  1  can  lay 
my  hands  on.  It  appears  quite  probable  that  the  Hero  of  New-Or- 
leans trill  be  made  President  of  the  United  States  by  the  people;  to 
us  who  have  not  been  on  the  spot  to  observe  any  of  the  operations 
of  electioneering — this  sudden  reeving  round  of  the  breeze  of  pop- 
alar  favour  seems  incomprehensible. 

I  shall  attend  to  your  little  commission,  and  am,  my  dear  sir,  with 
the  highest  regard  and  esteem,  your  most  obedient  servant, 

F.  ADAMS. 


SEA  GULL,  AUtnlon,  June  7th,  1823. 

SIR  :  In  consequence  of  the  necessity  for  looking  out  for  pi- 
frates  on  the  south  side,  and  the  consequent  dispersion  of  my  forces, 
I  shall  not  at  present  be  able  to  give  convoy  so  regular  as  I  have 
done,  but  still  I  shall  give  it  often  and  regular  enough  to  protect 
our  commerce.  When  some  of  the  large  vessels  arrive  that  I  daily 
expect,  convoy  shall  be  established  as  usual. 

I  give  this  information  to  prevent  any  disappointment  on  the  part 
of  the  merchants  and  others,  and  I  beg  you  to  assure  them  their  in- 
terests shall  not  be  neglected. 

With  great  respect,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

F.  ADAMS,  Esq. 


U.  S.  SHIP  JOHBT  ADAMS,  Thompion's  Island,  Dec.  15//t,  1824. 

MY  DEAR  SIR  :  I  arrived  here  a  few  days  since,  and  should  have 
been  over  to  see  you,  but  for  the  daily  expectation  of  two  vessels 
from  the  United  States,  which  will  require,  on  their  arrival,  my  im- 
mediate attention,  after  which  I  shall  be  under  the  necessity  of  go- 
ing to  Pensacola  and  Tampa  Bay.  I  shall  be  with  you  about  the 
middle  of  next  month,  and  hope  to  find  you  in  the  enjoyment  of 
health. 

As  there  have  been  various  and  alarming  accounts  of  piracies 
committed  since  last  June,  I  will  thank  you  to  give  me  a  statement 
X>f  the  captures  known  to  have  been  made.  It  has  been  stated  tfeat 
44 


346 

the  British  discovered  near  Bahia  Honda,  the  wrecks  of  twelve 
vessels  lately  destroyed — Do  you  know  any  thing  of  that  affair  ? — 
Are  not  those  the  wrecks  of  twelve  sail  of  English  vessels  which 
were  cut  off  a  convoy  about  six  or  eight  months  before  I  first  cam  e 
to  suppress  piracy  ? 

It  is  very  desirable  to  get  correct  information  on  this  subject,  a  8 
the  account  is  generally  believed,  and  has  brought  great  censure  on 
me  and  others 

Please  to  send  me  papers  of  any  date  since  I  left  the  United 
States,  for  we  are  entirely  out  of  news  for  upwards  of  six  weeks. 

With  sincere  respect,  your  obedient  servant, 

(Signed,)  D.  PORTER. 

F,  ADAMS,  Esq.  Maianzas. 


TRINIDAD  DE  CUBA,  January  2.6th,   1823. 
DAVID  PORTER,  Esq. 

Commodore  of  the  American  Squadron,  on  the  Coast  of  Cuba,  Sec, 
SIR  :  Feeling  it  a  duty  1  owe  to  my  countrymen  engaged  in  trade 
to  this  side  of  the  Island,  to  address  you  on  the  subject  of  their  pro- 
tection, I  take  that  liberty — knowing  that  all  the  aid  in  your  power, 
you  will  cheerfully  grant.  This  port  has,  for  some  time  past,  been 
infested  with  a  small  force  of  pirates,  who  have  captured  a  number 
of  vessels  ;  and  on  the  20th  instant,  the  brig  Mechanic  of  New  York, 
bound  in.  They  now  hold  the  Captain  and  two  passengers  as  hos- 
tages, for  the  ransom  of  that  vessel,  in  the  sum  of  3000  dollars  , 
and  have  declared,  that  unless  the  money  is  immediately  sent  to 
them,  the  hostages  shall  be  put  to  death.  Preparation  is  making  to 
forward  the  amount,  as  there  are  no  other  means  to  rescue  these 
unfortunate  men.  Their  force  will  no  doubt  increase  in  proportion 
to  their  success,  and  the  facility  with  which  they  have  gained  the 
amount  of  the  ransom  for  the  brig  Mechanic,  will  induce  a  number 
of  ill  disposed  idlers  to  join  them.  Several  valuable  vessels  are 
daily  expected  from  Europe,  and  if  no  force  is  used  to  extirpate 
them,  the  loss  of  property  will  be  considerable. 

I  have  the  honour  to  be,  sir,  your  most  obedient  servant, 

ROBERT  R.  STEWART. 

P.  S.  The  hostages  have  just  arrived,  and  say   that  the  pirates 
have  received  the  3000  dollars. 


To  the  Commander  of  the  Jfaval  forces  of  the  United  States,  itationed  at  vr  in 
the  vicinity  of  Havana,  Island  of  Cuba. 

The  undersigned,  citizens  of  the  United  States,  resident  mer- 
chants, and  shipmasters,  in  Trinidad  de  Cuba,  respectfully  repre- 
sent, that  this  port  is  at  present  infested  by  a  horde  of  pirates,  who 
rendezvous  among  the  numerous  keys,  in  the  immediate  vicinity. 
That  the  brig  Mechanic,  of  New  York,  was  captured  on  the  20th 
instant,  by  twelve  of  these  wretches,  in  an  open  boat,  within  two 
leagues  of  the  harbour  ; — that,  after  plundering  the  vessel,  and  rob- 
bing the  crew  of  their  bedding  and  clothing,  they  abandoned  the 


347 

brig,  detained  the  Captain,  Second  Mate,  and  Cooper,  demanding  e 
ransom  of  3000  dollars — threatening  them  with  death,  unless 
the  ransom  should  be  sent  immediately  after  the  arrival  of  the  ves- 
sel in  port. — That  a  brig  and  schooner  are  now  in  the  offiing,  both 
of  which  must  fall  a~prey-to  the  marauders — That  there  are  no 
means  in  our  power,  of  affording  them  any  assistance — That  there 
are  at  present  in  port,  ten  American  vessels,  and  nearly  that  num- 
ber daily  expected,  with  valuable  cargoes.  We  therefore,  beg 
leave  to  solicit  your  attention,  to  the  exposed  situation  of  the  Ameri- 
can commerce,  in  this  quarter,  and  pray  that  your  aid  and  assistance 
may  be  extended  for  its  protection.  We  have  no  doubt  that  the 
appearance  of  a  single  armed  vessel,  would  suppress  these  depre- 
dations. 
TRINIDAD  DE  CUBA,  25lh  January,  1823. 

BENJ.  EDDY,  of  brig  Jacob. 

MATHEW  RICE,  Ship  Jane. 

FOLDEN  DEARTH,  Brig  John  Smith,  Bristol,  R.  I. 

JAMES  TATE,  Jun.  Schr.  Louisa. 

\VM.  C.  TILDEN,  Schr.  Lucy,  Baltimore. 

THOMAS  WOODBURY,  Scbr.  Florida. 

JACOB  WING,  Brig  Pilot. 

SAML.  SPARLING,  Schr.  Cashier. 

TATE  &  GRONING, 

LOM'S  PRICE. 

BABAD  &  CORNEILLE. 


U.  S.  GALLIOT  SEA  GULL,  Matansas,  April  16/A,  1823. 
GENTLEMBN  :  1  received  your  application  for  convoy  yesterday, 
and  had  previously  sent  two  schooners  and  two  barges  to  the  vici- 
nity of  Trinidada. 

The  whole  number  of  men  at  present  under  my  command,  do 
not  amount  to  the  number  on  board  one  of  our  large  frigates  ;  and 
with  force  I  have  endeavoured  to  give  convoy  to  merchant  vessels 
from  this  place  and  Havana,  and  at  the  same  time  pursue  the  pi- 
rates ; — consequently,  I  have  not  been  able  to  give  a  convoy  to 
those  on  the  south  side  of  the  Island. 

The  weakness  of  my  force  arises  from  the  circumstance  of  some 
of  our  larger  vessels  of  war,  which  I  expected  to  have  found  here, 
having  left  these  seas  ;  but  why  they  have  done  so,  is  unknown  to 
me.  Hereafter,  I  hope  to  be  possessed  of  better  means,  and  to 
have  it  in  my  power  to  gratify  your  wishes  at  an  early  period. 
I  have  the  honour  to  be,  gentlemen,  your  obedient  servant, 

(Signed)  D.  PORTER, 

Commanding  U.  S.  Naval  forces  in  the  West  Indies  and  Gulf  of  Mexico, 
To  the  American  Merchants  and  Shipmasters  at  Trinidad  de  Cuba. 


(Extract.) 

U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  December  15th,  1824. 
As  there  have  been  various  reports  of  captures  by  pirates,  some 
no  doubt  greatly  exaggerated,  will  you  give  me  as  nearly  as  yon 


348  I 

Cau,  an  account  of  all  captures  known  positively  to  have  been  made, 
both  for  my  own  satisfaction,  and  the  satisfaction  of  the  govern- 
ment ? 

As  these  accounts  have  brought  censure  on  me  and  others 
concerned  in  the  suppression  of  piracy — are  not  the  twelve  wrecks 
of  vessels  discovered  by  the  British  to  leeward  of  Babia  Honda, 
the  same  that  were  cut  out  of  an  English  convoy  about  six  or  eight 
months  before  I  first  came  out  to  take  command  ? 

It  is  very  desirable  that  correct  information  be  had  on  this  sub- 
ject. With  sincere  esteem,  your  obedient  servant, 

(Signed)  D.  PORTER. 

VINCENT  GRAT,  Esq.  Havana. 


U.  S.  SHIP  JOHN  ADAMS,  Thompson's  Island,  January  I5lh,  1825. 
SIR  :  I  have  received  your  letter  of  this  date,  applying  for  convoy 
for  the  schooner  Leo,  of  which  you  are  Supercargo,  to  the  port  of 
Alvarado  ;  and  I  regret  to  inform  you  that  it  is  not  in  my  power  to 
give  the  convoy  required. 

We  have  now  in  the  neighbourhood  of  Alvarado,  for  the  protec- 
tion of  our  commerce  in  the  Gulf  of  Mexico,  two  schooners — and 
the  present  scattered  state  of  the  squadron  under  my  command,, 
prevents  my  sending  any  more  to  that  quarter. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.  PORTER. 

Mr.  C.  WEIHBRENNER,  Thompson's  Island. 


Miscellaneous  Orders  to,  and  Correspondence  between, 
different    Officers. 

U.  9.  STEAM  GALLIOT  SEA  GULL,  May  4th,  1824. 
SIR:  I  have  sent  home  the.  ship  Decoy  for  stores,  and  the  schoo- 
ner Gray  Hound  for  repairs  and  to  be  coppered. 

The  enclosed  list  will  inform  you  of  our  wants,  which  I  will  thank 
you  to  cause  to  be  supplied  with  all  possible  despatch,  in  order  that 
the  ship  may  return  to  the  station  where  the  stores  are  much  re- 
quired. 1  will  thank  you,  also,  to  cause  the  Grey  Hound  to  be  fur- 
nished with  two  chain  cables,  and  to  despatch  her  as  soon  as 
possible. 

Very  respectfully,  your  obedient  servant, 

(Signed)  D.    PORTER. 

Captain  S.  EVANS,  JVetc  York. 

U.  S.  SHIP  JOHN  ADAMS,  Thompsons  Island,  Jan'y  28/A,  1825. 
SIR  :  Having  received  orders  from  the  Hon.  Secretary  of  Navy  to 
repair  to  Washington,  and  on  my  leaving  the  station  to  deliver  the 
command  to  you,  with  all  such  papers,  instructions,  and  information 
as  may  be  useful  to  enable  you  in  the  most  effectual  manner  to  ac- 
complish all  the  objects  for  which  the  vessels  under  my  command 
were  placed  here,  I  have  now  the  honour  to  send  you  the  Gene- 


34'J 

^Oerderbootof,be.tatioDjBhicl)(Jeta.l8ihe 


hands 

out,  with  such  other  ,n  ormation        '    1  S°°"  aS  the>  c™  ^e 
.        ring  my  continuance  here    hSSd  hi  h    J    *  U*eful  to  *ou' 
time  to  time,   on  all  subipn,  ^  ,      appy  to  '"formyo 


Capt.  L.  WAHHWGTO^,  K  S.  ffn  D'  P°HTER. 


:  «»  U*. 

unexecuted  are  those,  copies  £$?*******  whlcb  remain 

of   he 


ree  momhs,  from  rhe  22d  Dec     j?"      "^  of  Cuba,  for 

^tA,nt^10;  briS  SPark,  Newton  «$'*£?*  Cape  Cruz  and 
er  bhark,  Gallagher,  under  orders  to  n  2?'  ^epa.rmg  ;  8choon. 
return  to  this  place  /schooner  GrampuP3  Si  ?t  ?'  Th°maS'  and  to 
P/att,  ordered  to  cru.se  about  S^  Tif  '  n'  and  schooner  Beagle 
ally  to  run  over  to  the  maT  the  B^,'  P°?  Rlco'  and  «**£' 
schooner  Porpoise  Skinnl  1  u  ,BeagIe'  ordered  to  the  FJ  S- 
cruising  si*  *«£j^'£«^*'  ™«  *wo.  ^& 

he  United  States,  should  she  have  on  h      ^V3na'    and  lhence   ^ 
there  otherwJSe  she  «  to  repai?  to  thl     ?     ^°°'000  «o  be  landed 
—  Sea  Gull  Steam  Galliot?Kev"pJw?  ;  ber°rdersare  dated 
schooner  Ferret,  BeJl  •  barU  Jr  '  schooner  Terrier,  Payne  • 

tion  of  our  comm'erce  in  &±B±Sj!  J^T"  f°r  the  »*b! 
of  Bahama;  whponer  WeazeritiZ^'i^1  "  ^  °M  Strait« 
States,  specie,  considerably  out  of  re7air'  °n,herMwa>r  to  ^e  United 
schooner  Fox,  Cook,  expected  dail  v^  K  a  ""  V°bMy  **  S°Jd  ' 
Pensacola  and  Tampa  Bay  •  bar^l  n  K  ,  pafty  for  thesuryey  of 
cruise  among  the  ck^X^*J*  W^?.. 
Deco  M  a  da 


cruise  among  the 

Decoy  Mix,  expected  daily  from 

lhe  8hed>  ne"b  of 


Captain  I,  WARRWGTOW.    (SlSned«)  D.   PORTER. 


350 

Extract  from  letter. 

BALTIMORE,  Dtcember  21,  1822. 

"  Steam  boat  and  small  vessels,  will  each  carry  six  weeks 
provisions  and  stores,  and  that  the  store  ship  will  carry  a  supply 
for  six  months,  which  quantities  you  will  please  to  provide." 

(Signed,)  D.  PORTER. 

Directed  to  F.  A.  THOKMTOS,  Esq.  Purser. 


WASHINGTON,  WthJuly,  1824. 

MY  DEAR  SIR  :  On  calling  at  the  navy  office  to  day,  I  received 
the  enclosed  copy  of  a  petition  from  Matanzas  ;  by  this  time  the 
Terrier  must  have  completed  her  service  on  the  coast  of  Florida, 
and  is  present  in  the  absence  of  the  Ferret,  to  afford  the  protection 
asked  for;  but  in  the  event  of  its  being  otherwise,  the  Wild  Cat  will 
arrive  in  goo  1  season. 

Lieut.  Zantzinger  arrived  to  day,  he  is  desirous  of  relinquishing 
command  ;  I  will  indulge  him  with  leave  of  absence,  and  direct 
Lieut.  Boarman  to  supercede  him  and  proceed  to  sea. 

I  learn  from  Lieut.  Zantzinger,  that  the  Ferret  had  gone  to  New 
Providence,  and  of  course  may  be  expected  home. 

The  New-York  papers  report  the  arrival  of  the  Grampus,  but 
give  no  particular  details  of  her  cruise  since  she  left  us  ;  a  letter 
received  by  the  Secretary  from  Lieut.  Sloat,  refers  to  you  for  par- 
ticulars. 

Lieut.  Newton  states  to  the  Department  that  the  Spark  requires 
coppering,  and  that  the  gun  slides  ought  to  be  surveyed ;  as  the 
Secretary  appears  to  be  particularly  anxious  to  keep  the  vessels  at 
sea,  I  should  hope  that  the  contemplated  repairs  are  not  of  such 
magnitude,  but  that  they  may  be  deferred  until  the  fall,  and  as  she 
is  in  quarantine,  an  additional  delay  will  attend  effecting  her  outfits. 
If  her  condition  will  authorize  it,  would  it  not  be  well  to  order  her 
to  provision  and  proceed  from  quarantine  on  a  shorter  cruise  than 
may  originally  have  been  contemplated  to  you. 

With  respect,  I  am  your  obedient  servant. 

W.  B.  FINCH. 

Com're  D.  PORTER,  Commanding  &c.  &c. 


WASHINGTON,  July  20th,  1824. 

My  DEAR  SIR  :  I  transmit  to  you  advices  from  the  Island,  re- 
ceived to-day  by  Lieut.  Oellers,  who  left  the  Ferret  off  Indian 
Head.  She  will  get  up  to  the  yard,  I  expect,  in  the  course  of  the 
afternoon,  and  I  will  put  in  train  any  repairs  she  may  want. 

I  am  pleased  with  the  general  tenor  of  the  reports,  and  have  ap- 
prised the  Secretary  of  it ;  and,  for  his  more  ready  informatioi 
will  condense  the  subject  into  one  view. 

A  letter  has  been  received  to-day  from  Lieut.  Gallagher,  advising 
the  Secretary  that  the  Shark  is  moved  to  the  North  River,  and,  of 
course,  ready  for  sea.  On  reference  to  Mr.  Barron,  I  learn  that 
no  sailing  orders  appear  to  have  been  prepared  for  her. 


351 


. 

tune,  joined  the  ship  - 


are  those 
orLieu, 


bu,ky  cammunica. 

as  I  cannot,  in  all  respect     a«  n  on     T^8  ar!  Various'  and  «uch 
of  giving  replies  in  SST.S;  J!^  ^^  wiU  not  ad' 
enable  me  to  do  it.     *+l   from  ^u  will 


.  . 

more  at  ease,  having  all  tran^clL  '  y°U  Wl11  necessarily  be 

exh.bited  to  'your  o^i  ±ec^n  Jn^hT  "*  With?°ur  C°mmand 


ecn    nh 

«»  possession/and  acting  under  orders  t^T^  °f  th°Se  havinS 
yourself.  rs»  "nmediately  emanating  from 

With  respect,  I  am  your  obedient  servant,      W    B    FINCH 
Cora.  D.  PORTER,  Comd'g,  #c.  etc.  Sec. 


(Copy.) 


«ck  report  accompanies  this       Al  ^  UDUSUally  S°od  •'  ** 

the  Commander  inChTef  as  «  JJdi  ^.^P^^nts  directed  by 
and  individual  comfort,  are  piSnr  nT   ^  PnWiC  PUrp°SeS 
and  their  completion,  to  the  eften    'i"    the  order  contemplated, 
Jf  >l«ed.      Plants,  of  various  kfnds  inhtendedk'  mar  very  early  be 


from 
so  as  to  admit 


352 

to  guard  against  the  recurrence  of  the  malady,  similar  to  that  which 
visited  it  last  year.  The  season  has  been  dry,  the  winds  refreshing 
and  variable,  and  the  range  of  the  thermometer  from  95°  to  98°. 

Acting  Lieut.  Farragut,  commanding  the  Ferret,  reports,  that, 
while  at  Nassau,  about  the  10th  inst.  one  of  his  crew,  of  the  name 
of  James  Fredenburg,  stated  himself  to  be  a  deserter  from  H.  B. 
Majesty's  ship  Pandorn  ;  and  that,  in  consequence,  he  gave  him 
over  to  Captain  Du  Maigue,  commanding  H.  B.  MaJ€sty's  ship  Kan- 
garoo. The  grounds  on  which  Lieut.  Farragut  acled,  are,  that  it 
was  repugnant  to  our  regulations  to  have  a  foreigner  in  our  service; 
and,  as  a  requital  for  a  similar  act  of  courtesy,  on  the  part  ofCapt. 
Du  Maigue,  who  had,  not  long  before,  returned  to  the  W  Cat,  Lt. 
Legare,  a  deserter  from  one  of  the  W.  India  squadron  ;  as  Lieut. 
Farragut  has  been  governed  in  this  transaction  by  a  regard  to  reci- 
procity, and  not  constrained  thereto  by  any  act  of  the  British  offi- 
cer, 1  indulge  the  expectation,  that  you  will  approve  of  his  pro- 
ceedings. 

Lieut.  Comdt.  Mclntosh,  under  date  of  the  2d  inst.  gives  a  detail- 
ed report  of  his  cruise  in  the  Terrier,  along  the  coast  of  East  Flo- 
rida, from  Cape  Sable  to  Carlos  Harbour,  in  search  of  a  reported 
smuggling  or  piratical  establishment,  not  known  to  us  before 
precisely,  but  which  he  has  discovered  to  be  situated  on  a  Key 
called  Punta  Rosa,  bearing  N.  by  W.  1-2  W.  from  the  S.  E.  end 
of  Sauybe  Island.  The  number  of  inhabitants,  Spaniards,  are  not 
ascertained  with  precision,  but  cannot  be  many,  as  there  are  but 
five  thatched  houses  on  the  Key,  which  is  under  the  culture  of 
corn,  pompions,  and  melons.  They  are  occupied  in  fishing  prin- 
cipally, and  have  licenses  from  Cuba  to  trade  therewith.  They 
rely  upon  the  protection  of  our  troops  at  Tampa  Bay,  regard  them- 
selves as  belonging  to  the  territory,  and  feel  secure  in  their  avo- 
cation. Lest,  however,  they  might  become  lawless,  Lieut.  Mcln- 
tosh removed  to  Thompson's  Island  two  small  carriage  guns,  which 
were  alleged  to  have  been  kept  to  intimidate  the  Indians,  who  had 
committed  some  outrages  on  them.  The  place  is  now  so  particu- 
larly identified,  that  occasional  visits  from  the  Revenue  Cutter  will 
effectually  guard  against  the  illicit  introduction  of  goods,  &c.  into 
Florida. 

Lieut.  Sloat,  commanding  the  Grampus,  reports,  under  date  of 
the  17th  inst.  from  N.  York,  that,  between  the  dates  of  the  4th  and 
27th,  that  he  had  visited  the  ports  of  Campeachy,  Alvarado,  and 
[Tampico,]  in  accordance  with  orders  ;  that  rumours  prevailed  of 
a  piratical  vessel  being  near  Campeachy,  for  which  he  made  dili- 
gent search  fruitlessly.  The  schooner  Jackall  was  at  Tampico, 
about  the  20th,  and  the  John  Adams  near  Vera  Cruz  on  the  21st  j- 
so  that  you  will  perceive  all  the  protection  is  afforded  in  the  Bay. 
of  Mexico,  contemplated  in  your  letter  of  the  20th  inst. 

Lieut.  Mclntosb,  who  puperceded  Lieut.  Oellers  in  command  at 
Thompson's  Island,  writes,  under  date  of  the  4th  of  July,  that  an 
American  brig  was  stated  to  have  been  captured  by  a  piratical  boat. 


353 

hear  Matanzas,  and  carried  into  port  Escondido  ;  that  he  had  an  ac- 
curate description  of  the  boat,  and  had  despatched  a  barge,  togethef 
with  the  Terrier,  to  effect  her  rescue.  I  am  encouraged  to  hope 
that  his  efforts  may  meet  with  success. 

In  addition  to  the  protection  already  afforded  to  the  commerce  of 
Matanzas,  you  may  calculate  on  the  services  of  the  Wild  Cat,  which 
sailed  on  Saturday  last ;  so  that  this  demand  on  the  Department  is 
answered. 

The  force  at  present  in  the  Bay  of  Mexico,  it  is  hoped,  will  suc- 
ceed in  taking  or  driving  away  the  marauders,  stated  by  the  paper 
to  infest  it ;  the  almost  simultaneous  return  of  several  vessels  of 
the  W.  I.  squadron  to  the  U.  States,  it  is  desirable  to  guard  against ; 
and  their  cruises  have  been  arranged  with  the  view  to  that  object, 
and  the  keeping  of  a  sufficient  force  at  all  times  about  Cuba,  and 
in  the  Bay  of  Mexico. 

On  the  15th  of  July,  the  schooner  Fox  had  sailed  from  Tampico 
for  New  Orleans,  so  that,  at  every  practicable  point,  some  of  ouf 
vessels  are  seen. 

I  cannot  but  congratulate  you  on  the  general  good  health  enjoyed 
by  the  respective  crews  ;  some  symptoms  of  fever  have  manifested 
themselves,  and  some  deaths  have  occurred  :  this  must  be  expect- 
ed. Exemption  from  disease  cannot  be  calculated  upon,  though  I 
am  convinced,  by  reports  from  the  relative  officers,  that  every  re- 
gard is  paid  to  health,  cleanliness  and  comfort. 

With  respect,  1  have  the  honour  to  be, 

(Signed)  W.  B.  FINCH,  Captain  of  the  Squadron. 

DEAR  SIR  :  Captain  Finch  desired  me  to  enclose  to  you  the  above 
copy  of  a  letter,  which  was  handed  in  to  the  Secretary  of  the  Navy 
this  morning. 

It  was  Captain  Finch's  intention  to  have  placed  it  within  the 
other  enclosures,  which  were  directed  and  sent  to  you  this  day,  but 
the  want  of  time  prevented  him  from  doing  so. 

I  had  the  pleasure  of  seeing  Mrs.  P.  to  day,  who  informed  me  that 
herself,  and  the  other  members  of  your  family,  were  all  well. 

With  the  utmost  respect,  I  am,  Sir,  your  obedient  servant, 

T.  BARRON. 

Com.  D.  PORTER. 

WASHINGTON,  §th  August,  1824. 

SIR  :  I  have  the  honour  to  report  the  present  state  of  the  ves- 
sels of  your  squadron  now  in  part,  to  be  as  follows  : 

The  John  Adams,  at  Philadelphia,  requires  that  her  rudder 
should  be  unshipped  for  examination,  about  the  pintles  and  gud- 
geons, and  may  need  other  overhauling.  The  period  of  service  of 
fifty  of  her  crew  has  expired,  who  have  applied  for  their  discharge. 

The  Grampus,  at  New  York,  is  in  readiness  for  sea. 

The  Spark,  in  quarantine  at  New  York,  will  want  repairs  and 
ojficers. 

45 


354 

The  Beagle,  ateo  in  quarantine  at  New  York,  will  want  a  com* 
tnander,  and  some  overhauling. 

The  Sea  (jiull  is  ready  for  service. 

The  Ferret,  ready  for  service,  requires  a  commander  and  some 
men,  the  latter  to  be  furnished  from  the  Jackall. 

The  Jackall,  at  Washington,  requiring  considerable  repairs  and 
Outfits  ;  the  Department  has  decided  to  sell  her. 

Orders  have  been  issued  by  the  Department  to  Lieuts.  Mix  and 
Platt,  to  report  for  service,  and  also  to  several  midshipmen,  to  sup- 
ply vacancies. 

The  Hornet,  Decoy,  Shark,  Wild  Cat  and  Weazel,  have  recently 
sailed  on  their  respective  cruizes. 

Lieuts.  Dale  and  Bell  are  applicants  for  commands. 

With  respect,  I  have  the  honour  to  be,  your  obedient  servant, 
W.  B.  FINCH,  Capt.  of  Squadron 

Com.  D.  PORTER,  Commander  in  Chief,  Arc.  &c. 


WASHINC.TOW,  I6th  September,  1824. 

MY  DEAR  SIR  :  By  letters  received  from  New  York,  within  u 
day  or  two,  I  find  that  nothing  is  yet  doing  with  the  Spark  and  Bea- 
gle, as  they  are  not  expected  to  be  released  from  Quarantine  and 
admitted  to  the  Navy  Yard,  for  some  time.  Lieut.  Platt  has  before 
this,  assumed  command  of  the  latter  vessel.  I  have  addressed  u 
written  request  to  the  Department,  that  the  necessary  instruction? 
may  be  given  to  the  Commandant  of  the  Yard,  for  their  re-equip- 
ment, as  soon  as  the  present  restrictions  are  rescinded. 

Orders  were  yesterday  issued  for  fhe  shipping  of  a  crew  for  the 
Constellation,  and  1  suggested  to  Commodore  Rodgers  »nd  Mr, 
Hay,  the  propriety  of  your  being  officially  informed  that  she  is  in- 
tended for  your  command.  Neither  of  them,  however,  can  do  it, 
tho'  the  Commodore  says  such  is  the  fact,  and  that  I  might  so  assure 
you  ;  however,  on  this  assurance,  I  am  aware  that  you  will  feel  a 
delicacy  in  expressing  to  the  officer  commanding  at  New  York,  any 
wishes  as  to  the  style  and  character  of  her  equipment.  In  the 
course  of  a  week  or  ten  days,  the  Secretary  will  be  here,  when  I 
suppose  you  will  by  him  be  advised  of  the  appointment  of  the  Con- 
stellation as  the  flag  of  your  squadron.  As  the  crew  will  be  rapidly 
enlisted,  probably  it  would  be  well  that  Mr.  Thornton  should  be 
early  ordered,  that  he  may  have  the  more  time  to  arrange  his  books, 
&,c.  and  be  present  at  New  York,  as  the  recruits  may  arrive.  1 
have  already  received  four  applications  for  acting  Lieutenants  to 
join  the  Frigate. 

McKeever's  vessel  is  quite  ready,  with  the.  exception  of  a  medi- 
cal officer.  Hay  says  that  I  shall  have  one  for  her.  McKeevex 
some  time  ago  expressed  to  me  a  sense  of  favour  by  being  ordered 
to  the  command  of  the  Gull,  but  at  the  same  time  signified  that  it 
would  be  preferable  to  him  to  he  in  some  situation  nearer  your 
person  ;  for  instance,  flag  Lieutenant,  or  any  other  designation  you 


655 

wight  give  to  him.  He  is  an  intelligent,  efficient,  and  genteel  offi- 
cer, and  I  think  you  might  find  him,  in  a  variety  of  ways,  useful  to 
you,  if  immediately  under  your  eye  aud  within  reach. 

Accounts  from  Norfolk  state,  that  Capt.  Sinclair's  life  is  de- 
spaired of,  in  consequence  of  another  paralitic  stroke,  and  poor 
Farragutt's  wife  in  a  critical  state  from  a  violent  bilious  attack. 

I  shall  wish  to  leave  the  city  for  some  days  about  the  22d  inst. 
There  is  but  little  business  claiming  my  attention,  and  you  may  ar- 
rive by  that  time. 

Commodore  Rodger?  seems  still  disposed  to  get  rid  of  the  Jackal!. 
I  explained  the  cause  of  her  being  yet  at  this  Yard. 

Your  frieuds  here  are  quite  anxious  about  your  health  ;  I  am 
daily  asked  if  you  get  better,  and  am  mortified  in  having  to  say  that 
I  have  not  heard  from  you  since  you  represented  your  case  as  a 
source  of  considerable  uneasiness  to  yourself. 

The  city   is  excessively  dull,  but  very  healthy.     1   hope  that 
your  family  are  generally  well  :  please  offer  my  respects. 
With  great  regard,  your  obliged  servant, 

W.  B.  FINCH. 

P.  S.  I  should  like  to  relieve  Midshipmen  Smith  and  Browning 
ef  the  Sea  Gull,  and  attach  them  to  the  Adams,  for  greater  improve- 
ment— their  places  to  be  supplied  by  two  strangers,  who  have  re- 
ported ;  but  Dallas  says  he  does  not  want  more  than  he  already  has^ 
I  suppose  Rapalje  will  go  out  with  him  as  acting  Surgeon.  I  wish 
also  to  detach  young  Brent,  and  with  your  permission,  to  put  him  io 
the  frigate.  The  only  objection  to  him  is,  a  want  of  self  confidence  ; 
as  he  grows  older,  that  will  follow.  I'll  however  write  to  Dallas. 

U.  S.  Bftio  PORPOISE,  off  Havana,  7tk  Dec.  1823. 

SIR  :  You  are  hereby  directed  to  sail  from  Havana  on  Sunday 
morning,  next,  the  8th  inst.  with  such  vessels  as  may  require  your 
convoy,  and  afford  them  protection  as  far  as  the  Double  Headed 
Shot  Keys  ;  you  will  then  proceed  to  New  York  with  the  specie 
you  may  have  on  board  belonging  to  American  merchants,  and  re<- 
port  your  arrival  there  to  the  Hon.  Secretary  of  the  Navy. 
I  am  sir,  respectfully,  your  obedient  servant, 

JAMES'KAMAGE-. 
Lieut.  Comd't  JOHN  P.  ZANTZINGER,  U,  S.  Schooner  fJ'eazcl. 

ALLENTON,  THOMPSON'S  ISLAND,  20//t  February,  1824. 
SIR  :  You  will  proceed  with  the  U.  S.  schooner  Fox  under  your 
command,  to  cruize  from  the  Colorados  to  Havana,  and  to  such 
other  places  on  the  north  side  of  Cuba,  as  may  be  deemed  necessa- 
ry, from  the  information  you  may  receive,  to  afford  the  best  protec- 
tion to  commerce,  and  suppress  piracy. 

You  will  be  governed  by  the  "  general  instructions  "  from  Com: 
modore  Porter,  and  when  supplies  of  any  kind  are  required,  you 

return  here  for  them. 

Respectfully,  your  obedient  servant,  J.  WILKINSON. 

Cieut.  Comd't  JOHN  T.  RITCHIE,  U.  S.  Schooner  Fox. 


356 

U.  S.  BRIG  SPARK,  Sacrifitios,  Apiil  30//t,  1824. 

SIR  :  You  will  proceed,  without  delay,  with  the  U.  S.  schooner 
Wenzel,  to  Tampico,  and  there  give  protection  to  our  commerce ; 
should  there  beany  specie  destined  for  the  U.  States, or  the  Havana, 
the  property  of  American  citizens,  you  will  receive  on  board  such 
sums  as  may  be  presented.  The  premium  for  specie  to  Havana, 
you  uill  take  as  your  guide  the  British  rule,  which  does  not  exceed 
one  &  half  per  cent ;  treasures  for  the  U.  States,  commands  two 
per  cent ;  as  soon  as  you  have  received  on  board  such  sums  as 
may  be  offered,  you  will  as  speedily  as  possible  rejoin  me  at  this 
place. 

I  am,  with  great  respect  and  esteem,  yours  &c. 

JOHN  T.  NEWTON. 

Capt.  JOH»  P.  ZANT3UVGER,  U.  S.  Navy. 

U.  S.  BARGE  GWAT,  Malanzas,  Sept.  4lh,  1823. 
SIR  :  I  have  the  honour  to  inform  you  that,  in  obedience  to  your 
orders  of  the  19th  July,  I  left  the  Grampus,  in  company  with  the 
cutter  under  Mr.  Sanderson.  In  the  prosecution  of  those  orders,  I 
have  examined  the  different  keys,  bay*,  inlets,  rivers,  and  harbours 
of  Cuba,  both  inside  and  outside,  the  main  keys,  as  far  to  windward 
as  Guanaha,  and  with  regret  am  compelled  to  state  that  I  have  beea 
unsuccessful  in  the  capture  of  any  pirates.  On  the  6th  of  August, 
1  wa«  joined  by  the  Midge,  Lt.  Platt,  at  Sagua  la  Grande,  and  the 
next  day  was  compelled  to  leave  that  officer,  and  three  seamen,  with 
the  cutter,  at  Cayo  Christo,  in  consequence  of  sickness  ;  and  to  trans- 
fer Mr  Sanderson  to  the  Midge.  On  the  16th  we  got  through  Canal 
Canoe,  having  been  6  days  beating  up  from  St.  Juan  de  los  Remedios, 
destitute  of  provisions,  and  without  a  pilot.  On  getting  into  Guanaha 
bay,  I  discovered  a  few  small  huts  on  Cayo  Romano,  and  beat  up 
as  near  to  them  as  the  channel  would  admit  of,  and  came  to.  I  di- 
rected Midshipman  Hunter  to  take  an  interpreter  with  him,  and 
proceed  to  the  houses  in  quest  of  provisions  and  a  pilot.  On  landing, 
he  was  met  by  two  men  whom  he  addressed,  telling  them  his  busi- 
ness, and  that  he  was  an  American.  Thinking  that  they  were  fish- 
ermen, and  that  they  were  afraid  of  him  in  consequence  of  his  being 
armed,  he  laid  his  arms  on  the  beach,  and  directed  the  interpreter 
to  do  so  also.  Notwithstanding  this,  they  continued  to  retreat  to- 
wards the  houses,  and  Mr.  Hunter  to  follow  them,  until  on  arriving 
near  the  houses,  a  party  of  ten  or  twelve  men  rushed  upon  them. 
and  attempted  to  seize  them.  Mr.  Hunter  was  captured,  but  the 
interpreter  succeeded  in  effecting  his  escape  to  the  boats  amid  a 
volley  of  musketry,  with  no  other  injury  than  a  slight  wound.  Im- 
mediately on  receiving  this  intelligence,  I  landed  with  a  portion  of 
the  crews  of  both  boats,  and  proceeded  to  the  houses,  but  the  pi- 
rates had  fled,  with  the  exception  of  three  or  four,  at  whom  son.e 
«f  our  men  got  a  few  shots,  bat  with  no  other  effect,  than  compelling 
one  of  them  to  drop  his  loud,  consisting  of  liquors,  preserved  fruits&c, 
Tt  being  late  in  the  evening  when  we  arrived  »t  the  huts,  and  our 


3.07 


358 

i3  not  founded  on  fact.  On  the  3rd  inst.  I  arrived  here,  without  hav- 
ing met  with  any  disaster,  and  the  officers  and  crews  of  all  the  boats 
in  good  health.  Owing  the  whole  of  this  long" and  arduous  cruise, 
I  am  happy  to  state  that  I  received  every  support  from  the  officers 
and  men  attached  to  the  expedition.  Their  fortitude,  and  even 
cheerfulness  under  the  numerous  privations  and  sufferings  incident 
to  a  cruise  in  open  boats,  at  this  season  of  the  year,  was  almost 
without  a  parallel ;  and  justly  entitles  them  to  the  gratitude  of  their 
country. 

I  have  the  honour  to  be,  sir,  very  respectfully,  your  obt.  serv't, 

THOMAS  W.  FREELONS/L;.  17.  5.  Navy. 
Lieot.  Comd't  FRANCIS  IL  GREGORY,  U.  S.  Schooner  Grampus, 


MINUTES 


OF   THK 

PROCEEDINGS 

OF     A 

GENERAL  COURT  MARTIAL. 

IW   THE   CASE   OF 

CAPTAIN    DAVID  PORTER. 


MINUTES  of  the  proceedings  of  a  General  Court  Martial,  convened 
at  the  Navy  Yard,  in  the  Citj'  of  Washington,  in  the  District  of  Co- 
lumbia, on  Thursday,  the  seventh  day  of  July,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  twenty  five  ;  by  virtue  of  a 
precept  from  the  honourable  the  Secretary  of  the  Navy,  dated  the 
twenty-  third  day  of  June,  in  the  same  year,  hereunto  annexed,  and 
marked  (A.) 

PRESENT, 
Captain  JAMES  BARRON,  President. 


Captains  Thomas  Tingeyt 
James  Biddle, 
Charles  G.  Ridgeley, 
Robert  T.  Spence, 
John  Dorvnes, 
John  D.  Henley, 


Capt's.  Jesse  D.  Elliott, 
James  Renshaw, 
Thomas  firoa-n, 
Chs.  C.  B.  Thompson, 
Jllex.  S.  WadsTxorth% 
And  George  W.  Rodgers. 


And  RICHARD  S.  COXE,   Judge  Advocate. 

Captain  David  Porter  appeared,  to  answer  the  charges  that  had 
been  exhibited  against  him.  He  was  asked  by  the  Judge  Advocate, 
whether  he  had  aay  objections  to  make  to  any  of  the  members  of 
the  Court. 

The  accused,  by  leave  of  the  Court,  presented  the  paper  marked 
(B),  which  he  read — and  which  is  annexed  to  the  record  ;  where- 
upon, the  Court  was  cleared,  and  after  mature  consideration,  one 
of  the  members  proposed  the  following  question  : 

Shall  the  question,  whether  the  Judge  Advocate  be  subject  to 
challenge,  be  referred  to  the  Attorney  General,  through  the  Secre- 
tary of  the  Navy  ?  Which  was  determined  in  the  negative.  Th» 
was  then,  on  motion,  proposed  to  the  Court. 


360 

Is  the  Judge  Advocate  liable  to  be  challenged  by  the  accused/ 

One  of  the  members  of  the  Court,  said,  that  he  did  not  feel  him- 
self competent  to  decide  tne  question,  without  legal  advice.  At 
his  request,  the  Judge  Advocate  was  called  upon  by  the  Court,  for 
his  opinion,  which  he  gave  as  follows  : 

"  Commodore  Porter  having  taken  an  exception  to  my  acting  as 
Judge  Advocate  of  the  Court,  and  the  Court  having  intimated  a  wish 
that  1  should  give  my  opinion  upon  the  question,  whether  a  chal- 
lenge or  exception  may  be  taken  by  the  accused  to  the  Judge  Ad- 
vocate ?  I  am  of  opinion,  that  the  appointment  of  the  Judge  Advo- 
cate, rests  with  the  Government ;  and  that  he  holds  his  office  by 
the  same  authority  which  appoints  the  Court — and  that  neither  has 
the  accused  a  right  to  make  any  exception  before  the  Court,  nor 
has  the  Court  a  right  to  decide  upon  any  exception  to  the  Judge 
Advocate.  That  no  precedent  of  such  challenge  having  ever  been 
made,  has  been,  or  it  is  believed  can  be  produced." 

After  reading  this  opinion,  the  question  was  put,  and  decided  in 
the  negative  ;  whereupon,  the  Court  was  opened,  and  the  foregoing 
proceedings  announced. 

The  oath  prescribed  by  the  law  in  such  case,  was  then  adminis- 
tered by  the  Judge  Advocate  to  the  President  and  Members  of  the 
Court.  And  the  oath  prescribed  to  be  taken  by  the  Judge  Advo- 
cate, was  administered  to  him  by  the  President. 

The  charges  and  specifications  were  read  by  the  Judge  Advocate, 
annexed  to  the  record,  and  marked  (C),  and  Captain  Porter  was 
asked  whether  he  was  guilty  or  not  guilty.  Captain  Porter  request- 
ed permission  to  postpone,  'till  to-morrow  morning,  pleading  to  the 
same,  and  at  the  same  time  requested  permission  of  the  Court  to 
have  counsel  present  in  Court  to  aid  him — to  have  a  clerk  to  take 
minutes  of  the  evidence,  and  also  that  he  might  be  furnished  with 
a  copy  of  the  charges  and  specifications  as  read  by  the  Judge  Advo- 
cate. To  all  the?e  propositions  the  Court  acceded  ;  it  being  un- 
derstood that  the  counsel  of  Captain  Porter  will  be  subject  to  the 
same  restrictions  as  are  usually  adopted  in  Courts  Martials.  Cap- 
tain Porter  mentioned  Walter  Jones,  Esquire*  as  the  counsel  whose 
presence  he  desired. 

The  Court  adjourned  'till  10  o'clock,  to-morrow  morning. 

FRIDAY,  JULY  STH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  and  the  Judge  Advocate. 

A  letter  was  received  from  the  Secretary  of  the  Navy,  which  was 
read,  annexed  to  the  record,  and  marked  (D),  whereupon  the 
Court  adjourned,  to  meet  at  the  Marine  Barracks,  in  the  City  of 
Washington. 

The  Court  being  opened  pursuant  to  the  adjournment :  present 
as  before,  and  Captain  Porter,  the  minutes  of  the  proceedings  of 
yesterday  were  read. 


361 

Captain  Porter  was  then  called  upon  to  plead  to  the  charges  ;—- 
he  requested,  by  way  of  plea,  that  he  might  be  permitted  to  read 
by  his  counsel,  and  submit  to  the  Court,  a  paper  containing  remarks 
upon  the  charges.  This  being  done,  the  paper,  with  the  letter  ad- 
dressed to  the  accused  by  the  Secretary  of  the  Navy,  therein  re- 
ferred to,  covering  a  copy  of  the  charges,  and  the  copy  of  the  char- 
ges furnished  to  him,  were  annexed  to  the  record,  and  marked 
E.  F.  and  G. 

The  Judge  Advocate  stated  to  the  Court  that,  as  the  exception 
therein  pointed  out  by  Commodore  Porter  had  been  waived  by 
the  accused,  he  should  proceed  with  the  case  upon  the  charges,  as 
read  before  the  Court  yesterday  ; — that  the  variation  between  the 
two  papers  which  had  been  pointed  out,  was,  that  a  letter  referred 
to  in  the  one,  as  dated  the  thirteenth  day  of  April,  was,  in  the  other, 
by  a  mistake  of  the  copying  clerk,  dated  the  thirtieth. 

Alexander  J.  Dallas,  a  Master  Commandant  in  the  Navy  of  the 
United  States,  being  duly  sworn,  according  to  law,  (and  the  other 
witnesses  having  been  directed  to  withdraw,)  deposes  and  says  :— - 

I  commanded  the  John  Adams,  bearing  the  pendant  of  Commo- 
dore Porter.  We  arrived  some  time  in  November  last  at  St.  Tho- 
mas, in  the  island  of  that  name.  In  the  afternoon  of  the  same  day, 
Lieutenant  Platt,  in  company  with  Mr.  Cabot,  an  American  gentle- 
man, residing  at  St.  Thomas,  and  as  I  understood  officiating  as  Com- 
mercial Agent  for  the  United  States,  came  on  board  the  vessel. 
They  mentioned  to  Commodore  Porter  that  Lieutenant  Platt,  on  a 
visit  to  Faxaido,  had  been  very  harshly  treated  by  the  authorities 
there.  The  Commodore,  on  receiving  this  information,  determined 
to  visit  the  place,  and  obtain  an  apology  from  those  who  had  ill 
treated  Lieutenant  Platt. 

I  was  directed  the  following  day  to  get  under  weigh  with  the  John. 
Adams,  the  Grampus  and  Beagle  being  in  company,  and  proceed  to 
as  near  Faxardo  as  we  could  get.  The  wind  proving  light,  and 
the  pilot  being  of  opinion  that  the  draught  of  water  of  the  John 
Adams  was  too  great  to  permit  an  approach  near  the  beach,  the 
Commodore  directed  me  to  anchor  under  one  of  the  Passage  is- 
lands; to  get  out  all  my  boats,  and  to  prepare  an  hundred  and  odd 
men  for  the  expedition.  These  preparations  taking  so  much  time 
as  to  make  it  late  in  the  afternoon,  I  was  directed  to  be  ready  by 
one  or  two  in  the  morning,  to  go  on  board  the  Grampus,  which 
vessel  would  take  the  boats  in  tow.  I  did  so,  and  we  got  under 
weigh  in  the  schooner,  and  arrived  the  next  morning  about  eight  or 
nine  o'clock,  in  the  harbour  of  Faxardo.  On  our  arrival  there,  we 
were  directed  to  prepare  the  boats  for  landing.  Immediately  af- 
ter landing,  a  battery  was  observed  on  the  hill,  at  which  there  was 
a  number  of  men,  who,  to  all  appearance,  intended  firing  at  us. 
The  Commodore  directed  one  of  the  boats  to  proceed  and  dislodge 
the  men  at  the  battery,  and  to  spike  the  guns.  We  then  landed, 
and,  after  forming  the  men  on  the  beach,  Lieutenant  Crabb,  with  a 
portion  of  the  marines,  was  directed  to  advance  on  the  road  leadiog 
46 


362 

to  the  town  of  Faxardo,  and  to  take  a  position  there.  Lieutenant 
Stribling  was  despatched  with  a  flag  of  truce  and  a  letter  from 
Commodore  Porter  to  the  Alcalde  of  the  town.  Shortly  after  Mr. 
Stribling  left  us,  we  marched  towards  the  town,  leaving  a  guard  of 
marines,  under  Lieutenant  Barton,  to  take  care  of  the  boats.  We 
marched  to  within  from  twenty  to  forty  yards  of  where  the  marines 
under  Lieutenant  Crabbe  were,  where  we  halted  to  wait  the  return 
of  Lieutenant  Strihling.  During  our  march,  we  fell  in  with  a  bat- 
tery of  two  guns,  which  we  also  spiked. 

After  waiting  some  time  in  this  position,  Lieut.  Stribling  was  dis- 
covered returning  from  the  town  with  two  officers,  who  was  said  to 
be  the  Alcalde  and  the  Captain  of  the  Port.  A  conversation,  through 
the  medium  of  an  interpreter,  took  place  between  Commodore  Por- 
ter and  those  persons  which  resulted  in  an  apology  to  Lieut.  Platt. 
The  Commodore  asking  the  officers  whether  they  were  all  satisfied, 
to  which  they  assented  The  Commodore  was  then  invited  by  the 
Alcalde  to  visit  him  in  the  town.  The  Commodore,  in  company  with 
myself,  and  several  other  officers,  and  the  marines  under  Lieutenant 
Crabbe,  went  so  far  as  to  lead  us  by  the  force  collected  ;  after 
w;  ch,  the  Commodore  returned,  and  gave  orders  for  us  all  to  return 
to  the  beach.  At  the  beach,  the  men  were  refreshed  with  some 
grog,  got  into  the  boats,  went  on  board  the  Grampus,  and  returned 
to  the  John  Adams. 

Q.  At  what  hour  did  you  leave  the  John  Adams  to  go  to  Faxardo  ? 

A.  Between  one  and  two  in  the  morning. 

Q.  At  what  time  was  it  expected  you  would  arrive  at  your 
destination  ? 

Jl.  We  calculated  upon  arriving  very  early  in  the  morning. 

Q.  Did  any  person  from  St.  Thomas  accompany  you,  besides  the. 
pilot  ? 

A.  I  am  under  the  impression  that  there  was  a  young  gentleman, 
whose  name  1  do  not  recollect. 

Q.  Are  you  acquainted  with  the  object  for  taking  him. 

A.  No  ;  I  was  not. 

Q.  By  Capt.  Kodgers.  Was  not  the  visit  of  Commodore  Porter 
to  Faxardo,  for  the  purpose  of  resenting  an  insult  to  the  American 
flag,  in  the  person  of  Lieut.  Platt  ? 

Jl.  It  was  the  ostensible  object. 

Q.  (By  the  same.)  Were  not  the  arrangements  of  Commodore 
Porter  to  land  in  daylight  ? 

A.  It  was  his  intention  to  land  as  early  as  possible,  certainly  by 
daylight  ;  we  calculated  to  arrive  there  by  break  of  day. 

Q.  (By  the  same.)  Could  you  have  made  your  arrangements  to 
land  at  night  ? 

A.  We  could  have  arranged  to  land  at  any  time  of  the  night. 

Q.  (By  the  same.)  In  what  positions  did  the  schooners  anchor 
in  the  harbour  of  Faxardo  ? 

A.  The  Grampus  anchored  nearly  opposite  to  the  battery  I 
have  alluded  to  ;  the  Beagle  further  up  in  the  harbour. 


363 

Q.  Were  the  colours  flying  on  board  the  schooners  when  they 
entered  the  harbour,  and  when  they  anchored  ? 

A.  I  think  they  were. 

Q.  Was  the  force  despatched  to  dislodge  the  Spaniards  from  the 
battery,  before  or  after  the  landing  of  Commodore  Porter  ? 

A    Before. 

Q.  Had  it  returned  before  the  landing  ? 

A.  No. 

Q.  At  what  time  did  it  join  the  main  party,  and  where  ? 

A-  It  joined  us  on  the  beach,  and  almost  immediately  on  our  land- 
ing. 

Q.  How  many  men  and  officers  landed  ? 

A.  I  presume  near  two  hundred. 

Q.  How  were  they  armed  ? 

A.  With  muskets,  bayonets,  pistols,  cutlasses  and  boarding  pikes. 

Q.  How  long  after  you  landed,  was  Lieut.  Stribling  despatched 
,to  the  town  ? 

A.   Almost  immediately,  or  soon  after  our  landing. 

Q.  What  amount  of  force  had  the  Spaniards  collected  ? 

A.  1  cannot  say  what  amount ;  but  in  passing  them,  there  appear- 
ed to  be  about  sixty  or  seventy  men  with  a  field  piece. 

Q.   Did  they  appear  to  be  regular  troops  or  militia  ? 

A.  They  had  the  appearance  of  militia  ;  they  were  not  in  uniform. 

Q.  Was  there  any  complaint  made  to  the  authorities  at  Faxardo, 
or  communication  had  with  them  by  Commodore  Porter,  on  the  sub- 
ject of  the  insult  offered  to  Lieutenant  Platt,  before  you  landed  ? 

A.  None  that  I  knew  of. 

Q.  By  Capt.  Rodgers.  Do  you  not  think  that  the  most  effective 
way  to  obtain  redress  was  by  landing  ? 

A    Yes. 

Q.  By  Capt.  Wadsworth.  At  the  time  of  your  landing,  was  any 
inquiry  made  by  the  Spaniards,  as  to  what  force  it  was  ? 

A.  None  ;  I  do  not  think  there  was  an  individual  to  be  seen  on 
the  beach. 

Q.  By  Capt.  Ridgely.  Was  there  any  act  of  hostility  committed 
against  any  of  the  subjects  of  the  King  of  Spain,  previous  to  or  af- 
ter landing  ? 

A.  The  boat  that  was  sent  to  dislodge  the  men  and  spike  the  guns 
at  the  battery,  succeeded  in  the  object  ;  whether  that  was  an  act  of 
hostility,  must  be  left  to  the  Court :  if  it  was  not,  I  know  of  none. 

Q.  By  Capt.  Tingey.  Was  this  act  of  Courtesy  by  the  authori- 
ties of  Faxardo,  by  invitation  into  the  town,  after  those  transactions 
that  you  have  related  ? 

A.  Yes. 

Q.  By  the  same.     Was  any  complaint  or  remonstrance  made  by 
the  authorities  at  Faxardo,  to  Commodore  Porter,  at  any  time  during 
his  stay  on  shore,  against  his  proceedings  there  ? 
A.  None  that  I  know  of. 
Q.  By  Capt.  Wadsworth.     Do  you  know  the  nature  of  the  apol- 


364 

ogy  made  by  the  Alcalde  and  the  Captain  of  the  Port,  which  you 
say  was  satisfactory  to  Commodore  Porter,  and  the  officers  accom- 
panying him  ? 

A.  The  apology  was  made  to  Lieutenant  Platt,  for  the  injury 
done  him  ;  but  1  am  not  able  to  state  the  terms  of  it. 

<2  By  Capt.  Brown.  What  was  the  deportment  of  Commodore 
Porter  towards  the  Spanish  officers  whom  he  met  ? 

A.  Gentlemanly  and  proper. 

Q.  By  Capt.  Henley.  Did  Commodore  Porter  consult  with  you 
previous  to  his  landing  ?  If  yea,  state  the  amount  of  the  consulta- 
tion. 

A.  He  did  not  consult  me. 

Q.  By  Captain  Ridgeley.  What  was  the  conduct  of  the  officers 
and  men  who  landed,  towards  the  subjects  of  the  King  of  Spain 
whom  they  met  ? 

A.  We  landed  as  I  have  stated,  and  marched  up  towards  the 
town,  committing  no  personal  violence  against  any  one  ;  the  con- 
duct of  the  officers  and  men  was  correct. 

Q.  By  Capt.  Elliott.  From  what  you  could  perceive  in  Com- 
modore Porter,  previous  to,  at,  and  after  his  landing,  with  his  force, 
at  Faxardo,  was  he  actuated  by  any  other  motive  than  to  obtain  an 
•pology  for  the  insult  offered  to  one  of  the  officers  of  his  squadron  ? 

A.  It  appeared  to  me  the  only  motive. 

Q.  (By  Captain  Ridgeley.)  Was  not  the  place  where  you  landed, 
considered  as  one  of  the  rendezvous  of  pirates  ? 

A.  It  had  been  frequently  said  so  ;  I  knew  nothing  of  it  personally. 

Q.  In  the  conversation  between  Commodore  Porter  and  the  au- 
thorities of  Faxardo,  was  any  thing  said  on  the  subjert  of  piracy  or 
pirates,  and  was  any  demand  made  for  pirates,  or  for  property  plun* 
dered  by  them  ? 

J.  None  that  I  know  of.  I  was  not  near  enough,  however,  to 
he»r  the  conversation  between  them  ;  and  it  was  not  until  the  Com- 
modore asked  the  officers  if  they  were  satisfied  with  the  apology, 
that  I  approached  near  enough  to  hear  them. 

Cross  examined. 

Questions  by  Commodore  Porter  to  Capt.  Dallas. 

Q.  Were  not  our  proper  colours  hoisted,  both  on  the  schooners 
and  boats,  when  they  came  in  sight  of  the  harbour,  and  during  the 
whole  time  of  the  approach  and  of  the  landing  ? 

A.  Yes. 

Q.  Was  not  every  thing  done  openly  and  fairly,  and  in  my  own 
character,  without  any  attempt  to  deceive  ? 

A.  Yes. 

Q.  Did  I  not  land  in  my  uniform,  though  advised  by  some  of  my 
officers  to  take  it  off,  lest  it  should  make  me  too  conspicuous  ? 

A.  You  landed  in  your  uniform  ;  I  do  not  recollect  any  advice. 

Q.  Did  you  not,  under  all  circumstances,  consider  it  an  effectual 
roorse  on  my  part;  to  secure  the  officers  from  insult  and  interrup- 


365 

lion,  whilst  engaged  in  the  pursuit  of  pirates  in  that  quarter,  by  in- 
timidating the  inhabitants  of  those  towns  or  districts,  suspected  ol 
harbouring  and  assisting  the  pirates  ? 

A.  Certainly,  I  think  it  was  a  course  that  would  intimidate  other 
places  supposed  to  be  a  receptacle  for  pirates,  and  calculated  to  pre- 
vent them  from  suffering  them  to  come  there,  and  a  means  of  oblig- 
ing them  to  pay  more  respect  unto  our  officers. 

Q.  Were  not  the  guns  training  on  us  at  the  time  I  ordered  the 
party  to  land  and  spike  them  ? 

A.  \  think  they  were  endeavouring  to  train  them  on  us. 

Q.  Did  not  Lieut.  Stribling,  on  his  return  with  the  flag,  inform 
me  tliat  the  people  or  authorities  of  Faxardo  had  heard  of  my  com- 
ing, and  were  preparing  resistance  ? 

A.  I  heard  of  the  circumstance,  but  do  not  recollect  how  or  from 
whom  I  heard  it. 

Q.  Were  not  my  orders  to  the  party  who  landed,  to  spike  the 
guns,  without  injury  to  the  person  or  the  property  of  any  of  the  in- 
habitants ;  not  to  fire  unless  first  fired  upon,  and  generally  to  re- 
spect the  persons  and  property  of  the  inhabitants  ? 

A.  I  consider  those  as  the  orders  that  were  given. 

Q.  Did  any  of  the  main  body  enter  the  town  of  Faxardo  ?  and 
was  not  our  whole  force  so  disposed  as  to  impress  the  people  with 
a  sense  of  our  disposition,  and  OUT  power  to  repel  and  punish  ag- 
gression ;  at  the  same  time  that  all  actual  violence  was  avoided  ? 

A.  The  main  body  did  not  enter  the  town.  To  the  latter  clause 
of  your  question,  1  answer  yes. 

Q.  Was  not  the  grog  sent  to  the  beach  as  a  present  from  the 
town  to  the  meu  ? 

A.  I  did  not  understand  it  in  that  way.  The  Purser  was  directed 
to  procure  some,  and  when  he  offered  to  pay  the  person  from  whom 
he  procured  it,  he  was  refused,  and  told  it  was  intended  as  a  pre- 
sent. The  person  from  whom  it  was  procured,  was  one  of  those 
who  accompanied  the  Alcalde  and  the  flag. 

Q.  After  the  negotiations  and  explanations  were  ended,  did  not  the 
authorities  and  inhabitants  appear  well  satisfied  and  acquiescent  in 
my  proceedings  ? 

A.  They  accompanied  us  in  considerable  numbers  down  to  the 
boats,  and  there  was  no  other  appearance  than  that  of  a  good  un- 
derstanding between  all  parties. 

Charles  T.  Platt,a  Lieutenant  in  the  Navy  of  the  United  States, 
being  duly  sworn  according  to  law,  deposes  and  says  : 

On  the  24th  October,  between  the  hours  of  seven  and  eight  in 
the  morning,  Mr.  Bedford,  a  clerk  in  the  house  of  Messrs.  Cabot  & 
Bailey,  Commercial  Agents  at  St.  Thomas,  with  a  letter  from  those 
gentlemen,  came  on  board  the  Beagle,  then  under  my  command,  ly- 
ing in  the  harbour  of  St.  Thomas,  informing  me  that  their  store  had 
been  robbed  the  preceding  night,  of  goods  to  not  less  than  the 
amount  of  $5,000.  The  letter  contained  a  request  for  me  to  go 
ia  search  of  the  goods.  I  then  went  ashore,  and  inquired  of  the 


366 

merchants  ih  that  place  who  had  been  previously  robbed,  in  order 
to  ascertain  whether  1  would  be  justifiable  in  proceeding  in  search 
of  these  goods  to  Faxardo,  at  the  east  end  of  Porto  Rico.  On 
making  the  inquiry,  I  was  perfectlv  satisfied  as  far  as  I  could  be, 
without  knowing  positively,  that  the  goods  were  then  on  their  way 
to  Faxardo.  I  accordingly  got  under  weigh  as  speedily  as  I  could, 
taking  on  board  with  me  a  pilot,  and  a  clerk  of  Messrs  Cabot  & 
Bailey,  wilh  a  description  of  the  goods  contained  in  the  advertise- 
ment herewith  presented  to  the  Court,  annexed,  and  marked  (1.) 
On  the  evening  of  the  26th,  about  6  o'clock,  I  anchored  in  the  har- 
bour of  Faxardo,  with  my  colours  flying.  I  was  anxious,  if  possi- 
ble, to  get  on  shore  that  night,  but  my  pilot,  who  acted  not  merely 
in  that  capacity,  but  as  my  guide  and  interpreter  on  shore,  through 
ignorance  or  otherwise,  declined  going,  stating  that  he  was  not  able 
to  shew  me  the  way  at  that  late  hour.  In  the  morning  of  the  27th,  at 
an  early  hour,  a  boat  came  alongside,  with  some  person  in  it,  bearing 
the  appearance  of  a  soldier,  who  informed  me  that  the  Captain  of 
the  Port  was  anxious  to  see  me  on  shore,  presenting  his  compliments 
at  the  same  time.  1  was  at  that  time  preparing  to  go  on  shore.  I  was 
somewhat  fearful  that  the  character  of  the  vessel  was  not  known 
on  shore,  and  asked  the  man  whether  the  character  of  the  vessel 
was  known  on  shore.  He  answered  that  it  was.  Lest  he  might 
have  been  mistaken,  I  told  him  to  inform  his  commanding  officer 
that  it  was  the  United  States  schooner  Beagle,  and  that  I  should  be 
on  shore  as  soon  as  possible.  So  soon  afterwards  as  was  practi- 
cable, in  company  with  Lieutenant  Ritchie,  Mr.  Bedford,  and 
the  pilot,  I  visited  the  shore.  On  my  landing,  I  was  told  that 
I  could  not  proceed  to  town.  This,  however,  I  received  from 
a  parcel  of  ntgamuffins,  who  appeared  to  me  more  like  highway- 
men, than  any  thing  1  could  compare  them  to.  I  attempted  after  this  to 
go  again  on  board  my  vessel  ;  I  was  prevented  from  doing  so.  This 
led  me  to  inquire  what  was  the  meaning  of  this  course  of  conduct  ; 
whether  they  were  authorized  ?  I  was  informed  by  a  citizen  stand- 
ing there,  that  they  had  no  authority  to  detain  me.  In  evidence  of 
of  which,  horses  were  procured  (without  my  asking)  by  the  citi- 
zens then  for  myself  and  all  who  were  with  me,  to  ride  up  to  the 
village.  On  my  arrival  at  the  village,  I  reported  myself,  having 
been  advised  so  to  do  by  some  of  the  citizens,  first  to  the  Captain 
of  the  Port  ;  made  known  to  him  my  business,  the  object  of  my  vis- 
it, and  reasons  for  my  appearing  in  citizen's  dress,  and  also  a  letter 
to  a  Mr.  Campos,  shewing  the  character  of  myself  and  vessel.  Mr. 
Campos  was  a  man  who,  from  his  wealth,  stood  high  as  a  person  of 
respectability.  The  Captain  of  the  Port  appeared  to  be  perfectly 
satisfied  with  the  character  of  myself  and  my  vessel,  took  down  the 
names  of  the  officers  and  the  force  of  the  vessel,  then  directed  me 
to  call  on  the  Alcalde  :  I  did  so,  and  pursued  the  same  course 
with  him  as  with  the  Captain  of  the  Port.  He  also  appeared  per- 
fectly satisfied,  and  approved  very  much  of  my  having  tome  on 
shore  in  citizen's  dress  ;  said  it  was  a  very  prudent  and  necessary 
precaution.  He  also  expressed  a  confidence  in  succeeding  in  secur- 


367 

iog-the  goods  ;  said  he  had  no  doubt  but  he  should  be  able  to  pro- 
cure them  before  night.  This  conversation  was  private  ;  there 
might  have  been  others  in  the  room,  but  none  were  1  believe  with- 
in hearing,  but  the  interpreter  and  ourselves. 

The  Court  not  being  able  to  complete  the  examination  of  Lieut. 
Platt,  adjourned  till  to-morrow  morning,  at  10  o'clock. 

SATURDAY,  JULV  QTH. 

The  Court  met  pursuant  to  adjournment  of  yesterday  :  present^ 
all  the  members  of  the  Court  (excepting  Captain  Elliott)  the 
Judge  Advocate,  and  Captain  Porter. 

The  President  announced  to  the  Court,  that  Captain  Elliott  was 
sick  and  confined  to  his  bed,  and  wholly  unable  to  attend  the  meet- 
ing of  the  Court  to-day.  The  accused  stated  that  he  had  no  objec- 
tion to  the  Court  proceeding  in  the  business  before  it,  and  that  when 
Captain  Elliott  should  be  able  to  resume  his  seat,  the  proceedings 
of  the  Court  during  his  absence,  should  be  read  to  him.  Where- 
upon, the  Court  decided  to  proceed  in  the  case. 

The  Court  resumed  the  examination  of  Lieut.  Platt. 

The  Alcalde  then  informed  me,  that  the  recovery  of  the  goods 
might  probably  be  attended  with  some  expense  :  I  stated  to  him  that 
if  it  were  necessary  to  offer  a  reward,  I  was  authorized  to  offer  a 
reward  of  one  thousand  dollars,  for  which  I  considered  the  hand- 
bill yesterday  presented  to  the  Court  as  a  sufficient  authority.  I 
then  proposed  to  the  Alcalde  the  propriety  of  my  visiting  the  dif- 
ferent stores  \vith  the  Police,  and  the  Clerk  I  had  brought  with  me, 
for  the  purpose  of  examining  and  identifying  the  goods.  The  Al- 
calde observed  that,  as  1  had  very  properly  come  on  shore  in  citi- 
zens' dress,  to  prevent  any  suspicion  ;  that  it  was  advisable  to  let  thG 
matter  rest  entirely  with  him  ;  that,  were  I  to  accompany  him, 
though  in  citizen's  dress,  suspicion  might  be  excited.  1  then  left 
his  office,  under  the  impression  that  the  goods  would  be  procured 
before  night,  by  the  Police  of  the  place.  A  short  time  after,  I  re- 
ceived a  message  from  the  Alcalde,  saying  that  he  wished  to  see  me 
at  his  office  ;  I  was  then  fully  under  the  impression  that  he  had  ob- 
tained some  information  which  would  lead  to  the  recovery  of 
the  goods.  Under  this  impression,  I  went  over  to  the  office,  ac- 
companied by  Lieut.  Ritchie  and  the  Pilot.  On  my  arrival,  I  in- 
quired of  the  Alcalde  whether  he  had  sent  for  me  and  for  what  pur- 
pose. I  was  answered  by  the  Captain  of  the  Port  in  the  most  in- 
sulting, most  provoking,  and  most  aggravating  manner  that  it  i*  pos- 
sible to  imagine,  saying  that  he  had  sent  for  me  himself,  to  demand 
of  me  my  register,  on  the  refusal  of  which,  he  would  confine  me 
in  prison.  I  told  them  that  I  thought  I  had  already  satisfied  them 
of  the  character  of  the  vessel  ;  that  1  had  no  register  to  shew  them; 
that  a  man  of-war  carried  none  ;  that  my  commission,  my  uniform, 
and  my  colours,  were  all  that  I  bad  to  shew,  to  establish  my  charac- 
ter ;  that  I  had  already  offered  to  exhibit  these,  which  they  consi- 


368 

dered  unnecessary,  being  perfectly  satisfied  of  my  character  with- 
out it.     I  then  expressed  rny  astonishment  at  the  course  of  conduct 
they  had  pursued,  so  unexpected  and  so  unprecedented,  and  further- 
more, that  I  conceived  it  to  be  a  duty  which  1  owed  to  my  country, 
to  myself,  and  to  the  officers  under  my  command,  to  make  a  formal 
report  of  their  conduct   to   Commodore  Porter.     Lest,  however, 
they  might  deny  having  confined  me,  1  left  the  office  with  the  in- 
tention of  returning  on  board  my  vessel,  and  leaving  the  port,  not 
considering  myselfas  a  prisoner  by  their  mere  say  so.  I  had  proceed- 
ed about  five  rods  from  the  Alcalde's  house,  when  I  was  pursued  by 
the  Alcalde  himself  and  two  soldiers  ;  the  Alcalde  himself  seized 
me  by  the  collar.     I  was  brought  back,  and  placed  under  charge  of 
a  sentry.     After  perhaps  an  hour's  debate,  among  themselves,  I 
inquired  of  their  interpreter  what  they  meant  to  do — he  informed 
me  that,  as  they  were  not  satisfied  with  my  character,  my  having 
shewn  no  evidence  thereof,  they  were  determined  to  keep  me  con- 
fined until   I   should  produce  some  such  evidence,  or  they  should 
hear  from   St.  John's.     I  then  requested  permission  to  go  on  board 
with  any  officer  they  might  choose  to  send,  whom  I  pledged  to  sa- 
tisfy of  the  character  of  myself  and  vessel.     This,  however,  was 
denied  me  :  I  then  requested  that  I  might  send  Mr.  Ritchie  or  the 
Pilot  on  board,  that  they  might  keep  me  in  bondage  if  they  chose. 
All  was  denied  me  ;  there  was  no  chance  left.  I  then  made  another 
proposition,  that  I  should  send  a  note  by  any  officer  of  theirs  whom 
they  pleased,  and  pledged  myself  that,  if  he  did  not  return,  they 
might  then  do  with  me  as  they  thought  proper — this  was   refused. 
After  perhaps  another  hour,  they  permitted  me  to  send   Mr.  Bed- 
ford on  board  for  my  commission,  which  at  the  time,  they  said  was 
all  they   would    require.     I,  however,  directed   him  to  bring   my 
commission    and  uniform.     So  soon  as  he  returned,  1  put  on  my 
uniform  and  presented  my  commission.     After  consulting  again  for 
perhaps  half  an  hour,  they  pronounced  my   commission  a  forgery, 
and  me  and  my  officers  a  damned  pack  of  pirates.     I,  then,  finding 
the  probability  of  my  being  confined  there  some  time,  proposed  the 
propriety  of  going  to  some  decent  house,  where  they  might  place 
sentery  over  me.     In  answer  to  this,  the  King's  house  was   recom- 
mended, as  I  understood  ;  I  being  at  the  time  fully  under  the  impres- 
sion that  the  King's  house  was  the  most  genteel  house  in  the  place,  in- 
vited Mr.  Ritchie,  and  even  the  Pilot,  to  accompany  me;  they  being 
prisoners  like  myself.     On  my  approaching  near  enough  to  disco- 
ver that  it  was  a  mere  guard-house,  well  calculated  to  produce  the 
yellow  fever  or  plague,  1  declined  taking  up  my  lodgings  there,  un- 
less they  forced  me  to  do  it.  After  some  few  minutes,  they  consented 
to  let  me  return  to  the  Alcalde's  office  under  charge  of  a  «entery. 
Being   fully  aware  of  my  unpleasant  situation,  I  again,   although 
repugnant  to  my  feelings,  did  ask  the  interpreter  what  furthermore 
they  required  of  me.     After  making  the  inquiry  of  the  proper  au- 
thorities he  answered  that  I  had  shewn  no  other  commission    than 
one  as  Lieutenant,  and  not  one  as  Lieutenant  Commandant  :  They 


369 

Were  determined  lo  keep  me  there  until  they  could  hear  from  St 
John's,  or  until  I  produced  something  that  was  satisfactory.  I  asked 
permission  to  send  Mr  Bedford  again  on  board,  which  was  granted. 
I  directed  him  to  bring  all  my  papers  on  shore,  that  I  might  come 
across  some  paper  which  might  be  satisfactory,  and  which  it  would 
not  be  improper  to  shew  them.  On  the  return  of  Mr.  Bedford,  I 
produced  the  orders  from  Commodore  Porter  to  me,  directing  me 
to  take  command  of  the  Beagle.  They  told  me  an  appointment  of  that 
kind  could  not  emanate  from  any  thing  less  than  an  Admiral,  and 
that  they  were  thoroughly  satisfied  that  I  was  a  pirate  :  as  for  Com. 
Porter,  there  was  no  such  man  in  our  Navy,  and  that  I  could  not 
hoax  them  in  that  way.  They  still  continued  me  confined  until  a 
late  hour  in  the  afternoon,  towards  sundown — they,  without  any 
further  application  from  me,  and  for  what  reason  I  know  not,  re- 
leased me  and  allowed  me  to  go  aboard  my  vessel.  We  left  the 
village,  mortified  very  properly,  hissed  at  by  the  ruff-scuff  of  the* 
place — went  on  board,  got  under  weigh,  and  proceeded  to  St. 
Thomas. 

On  the  12th  November,  Commodore  Porter  arrived  at  St.  Tho- 
mas, in  the  John  Adams  ;  as  soon  as  he  came  to  anchor,  I  visited 
the  vessel,  reported  myself  to  him,  and  mentioned  to  him  the  cir- 
cumstances which  led  to  my  visit  to  Faxardo,  and  the  treatment  I 
had  met  with.  The  Commodore  informed  me,  it  was  necessary  I 
should  make  out  a  written  report.  I  stated  to  him  it  should  have 
been  prepared,  had  I  expected  him  so  soon,  and  that  he  should 
have  it.  The  Commodore  said  that,  if  circumstances  justified  my 
going  in  the  manner  in  which  I  went,  that  he  would  visit  Faxardo, 
and  obtain  redress  for  the  insult  offered  to  me  and  to  the  flag.  I  re- 
ferred the  Commodore  to  Messrs.  Cabot  and  Bailey,  and  to  Mr. 
Furness — both  houses  being  commercial  agents  at  that  place. 
I  went  on  shore  at  the  request  of  the  Commodore,  to  request  Mr. 
Cabot  to  come  on  board,  (Mr.  Furness  was  then  on  board  )  and  ta 
procure  a  pilot  to  carry  us  to  Faxardo.  Mr.  Cabot  returned  on, 
board  with  me.  The  next  morning  I  got  under  weigh  with  the 
Beagle,  having  the  pilot  on  board,  stood  out  of  the  harbour  of  St. 
Thomas  to  join  the  John  Adams,  then  under  weigh,  delivered  my 
written  report  to  the  Commodore,  and  was  directed  by  him  to  pro- 
ceed ahead  with  the  pilot  for  Faxardo.  The  wind,  however,  pro- 
ved light,  and  we  were  compelled  to  lay  too,  off  and  on  during  the 
night.  The  next  morning  1  was  hailed  from  the  Adams,  and  di- 
rected to  proceed  ahead  as  before.  For  reasons  unknown  to  me, 
the  Commodore  gave  an  order,  and  the  ^vessels  came  to  anchor 
about  9  o'clock  in  the  morning  of  the  13th,  under  the  lee  of  Pas- 
sage Island.  At  midnight  of  the  13th,  the  Grampus,  Beagle,  the 
barges  and  boats  of  the  Adams,  with  as  many  officers  and  men  as 
could  conveniently  be  spared,  got  under  weigh,  and,  about  eight 
o'clock  next  morning,  arrived  in  the  harbour  ofFaxardo.  The 
barges  were  manned  and  officered  ;  one  barge  was  sent  to  attack 
a  fort  on  an  eminence  mounting  two  guns-  The  rest  of  the  mea 
47 


370 

landed  on  the  beach.  The  Grampus  was  anchored  off  the  battery  : 
the  Beagle  passing  by  the  battery,  anchored  so  as  to  cover  the 
landing  of  the  men.  I  was  directed  by  Commodore  Porter,  as  he 
passed  me,  to  follow  him  with  as  many  men  as  I  could  conveniently 
carry  in  my  boat.  Lieut.  Stribling,  about  the  time  of  our  landing, 
was  despatched  to  the  town  with  a  flag  of  truce,  and  a  communica- 
tion from  Commodore  Porter  to  the  authorities  of  the  place. 
About  fifteen  minutes  after  our  landing,  we  were  directed  to  fall  into 
line,  and  march  up.  We  got  there  in  perhaps  about  fifteen  or 
twenty  minutes,  from  the  time  we  started  from  the  beach.  On  the 
outskirts  of  the  town,  I  mentioned  to  the  Commodore  that  there 
were  two  guns  on  a  causeway,  on  the  road  to  the  village.  He  or- 
dered some  officers  and  men  to  spike  them.  After  arriving  at 
about  40  or  50  rods  from  the  village,  we  halted  ;  a  short  time  after, 
we  discovered  a  white  flag,  which  proved  to  be  the  flag  of  Lieut. 
Stribling,  accompanied  by  the  Alcalde,  the  Captain  of  the  Pert,  the 
Interpreter,  and  a  number  of  the  citizens.  When  they  met  Com- 
modore Porter,  they  professed  their  ignorance  of  the  object  of  his 
visit.  The  Commodore  stated  to  them  that  they  ought  to  have 
known  the  object  of  his  visit  from  the  tenor  of  his  note;  that  he 
came  there  for  the  purpose  of  obtaining  suitable  redress,  or  an  apo- 
logy for  the  insult  that  had  been  offered  to  the  flag  of  the  United 
States  in  my  person,  (pointing  to  me.)  This  seemed,  at  first,  to 
create  some  considerable  astonishment  on  their  part,  that  they 
should  be  accused  of  having  treated  me  in  any  way  improper.  The 
Commodore  then  asked  the  Alcalde,  in  a  very  positive  manner, 
whether  he  had  not  imprisoned  me.  His  answer  was,  that  he  had 
— after  knowing  my  character,  as  an  officer  in  the  United  States' 
Navy  ;  but,  that  he  was  not  to  blame,  for  that  he  had  been  com- 
pelled to  do  it  by  others. 

The  Commodore  then  told  him,  that,  as  he  was  the  Chief  Magis- 
trate of  the  place,  he  had  nothing  to  do  with  others,  and  that  he 
should  regard  him  as  responsible  for  any  acts  of  violence  that  might 
have  been  committed  on  me  ;  that  there  was  then  no  time  for  any 
altercation  ;  that  the  time  had  expired,  within  five  or  seven  mi- 
nutes, which  he  had  allowed  them  ;  that  an  apology  was  necessary 
— such  a  one  as  should  be  dictated  by  him,  a  refusal  of  which, 
would  compel  him  to  resort  to  arms,  which  should  terminate  in  the 
final  destruction  of  the  village.  An  apology  was  made.  It  was, 
that  they  had  imprisoned  me  wrongfully  ;  that  they  were  sorry  for 
it,  and  that,  in  future,  they  would  respect  United  States'  naval  offi- 
cers, as  their  character  deserved.  AHer  that,  we  were  pressingly 
invited  to  come  into  the  village,  and  strongly  urged  to  take  some 
refreshments.  Commodore  Porter  did  advance — passed  by  a  six- 
pounder,  which  was  primed,  and  a  man  standing  by  with  a  lighted 
match,  and  a  number  of  armed  men  that  had  been  collected.  He 
then  ordered  us  to  return  to  the  beach,  without  entering  into  the 
heart  of  the  village.  The  Commodore  informed  me,  at  the  beacb, 
that  it  was  at  first  his  intention  to  have  accepted  the  invitation,  an«^ 


371 

entered  the  village  with  the  men,  but,  apprehensive  that  some  diffi- 
culties might  arise  amongst  the  sailors  and  men,  he  thought  it-  bet 
terto  return,  and  have  the  refreshments  brought  down  to  the  beach. 
The  refreshments  were  brought  down,  we  partook  of  them,  pro- 
ceeded to  sea,  and  rejoined  the  John  Adams. 

Question.  Was  it  the  object  of  your  visit  to  Faxardo,  to  recover 
the  property  that  had  been  stolen  at  St.  Thomas,  or  to  obtain  the 
persons  who  had  perpetrated  the  robbery,  or  both  ? 

Answer.  The  object  of  my  visit  was  to  obtain  the  property,  and 
the  pirates,  as  they  were  supposed  to  be,  through  the  Police,  and 
through  them  only. 

Q.  Was  the  United  States'  flag  flying  on  board  the  Beagle,  during 
the  time  that  she  lay  in  the  harbour  of  Faxardo  ? 

A.  The  flag  was  flying  when  we  arrived,  and  was  hoisted  again 
at  nine  o'clock,  on  the  following  morning,  as  I  presume  such  be- 
ing my  orders,  and  such  the  regulations  of  the  service. 

Q.  Was  there  any  flag,  ensign,  or  other  distinction,  displayed  at 
the  time  of  your  landing  ? 

A.  None. 

Q.  When  you  landed,  do  you  suppose  that  the  Beagle  was  known 
on  shore  to  be  an  American  man-of  war  ? 

A.  I  feel  perfectly  satisfied  that  her  character  was  known. 

Q.  Were  there  many  persons  on  the  shore  who  saw  you  land 
from  her  ? 

•A.  Probably  fifteen  or  twenty. 

Q.  What  was  your  object  in  landing  without  your  uniform  ? 

A.  To  prevent  any  suspicions  on  the  part  of  the  boats  in  the  har- 
bour of  which  there  was  a  great  number. 

Q.  Could  not  the  flag  of  the  vessel  be  seen  as  well  from  those 
boats  as  from  the  village  of  Faxardo,  and  the  character  of  the  Bea- 
gle as  well  ascertained  ? 

A.  Yes,  but  ail  merchant  vessels  carry  the  same  flag  that  we  did. 

Q.  Had  you,  when  you  landed,  any  document  of  any  description 
to  verify  your  claim  to  the  character  of  an  American  officer  ?  If  so, 
what  was  it  ? 

A.  We  carried  a  letter  from  one  of  the  most  respectable  mercan- 
tile houses  in  St.  Thomas,  to  Mr.  John  Campos,  a  merchant  in  FaX' 
ardo. 

Q.  Was  that  an  open  or  sealed  letter  ? 

A.  It  was  a  sealed  letter,  but  had  been  read  to  me  before  it  was 
sealed.  It  was  given  me  for  the  purpose  of  enabling  me  to  go  on 
shore  in  disguise. 

Q.  Did  you  see  Mr.  Campos  while  on  shore  ? 

A.  I  met  him  at  the  entrance  of  the  village,  before  seeing  the 
Captain  of  the  Port  and  the  Alcalde. 

Q.  When  did  you  hand  him  the  letter  ? 

A.  The  moment  I  arrived  at  the  village. 

Q.  Did  he  accompany  you  to  the  hau?e  of  the  Captain  of  the 
Port  and  the  Alcalde  ? 


372 

A.  He  was  at  the  Captain's  of  the  Port  I  think,  and  certainly  at 
the  Alcalde's,  and  read  the  letter  to  them  both  in  my  presence. 

Q  Do  you  know  whether  Mr.  Campos  had,  or  had  not,  at  that  time 
in  his  possession,  the  goods  of  which  you  were  in  search  ? 

A.  I  do  not  know  personally  ;  1  can  only  judge  from  the  evidence 
that  1  brought  home,  and  am  fully  under  the  impression  that  he  was, 
at  that  time,  in  possession  of  the  goods. 

Q.  When  you  were  interrupted  on  the  beach  on  your  landing,  do 
you  suppose  those  who  did  it,  knew  you  to  be  an  American  officer  ? 

A.  Yes. 

Q.  From  what  circumstance  ? 

A.  Because  they  had  sent  a  boat  along  side  of  me,  and  said  they 
knew  my  character,  and  I  had  sent  word  to  them  before  landing  of 
my  character. 

Q.  Did  you  inform  the  citizens,  who  interfered  in  yonr  behalf  on 
the  beach,  who  you  were,  and  what  was  the  object  of  your  visit  ? 

Jl.  I  mentioned  that  I  was  an  American  officer  in  command  of  the 
Beagle,  and  that  I  wished  to  report  myself  to  the  proper  authori- 
ties. 

Q.  Did  you  in  person  proceed  to  any  of  the  stores  in  town,  to  in- 
quire after  the  goods  you  were  in  quest  of? 

•d.  I  was  in  no  store  in  the  place,  except  Mr.  Campos's  store,, 
when  I  went  to  see  him.  I  was  in  one  other,  the  store  of  the  gen- 
tleman who  had  lent  me  his  horse  ;  I  was  aeked  into  his  house,  and 
passed  into  the  store,  but  no  further,  and  with  Mr.  Bedford  privately 
examined  some  of  the  goods  to  see  if  they  corresponded  with  what 
had  been  taken.  This  was  not  done  with  the  view  of  interfering 
with  the  authorities. 

Q.  Did  you  see  Mr.  Campos  after  you  first  left  the  office  of  the 
Alcalde  ? 

Jl.  Yes  ;  I  found  him  there  when  I  went  to  the  Alcalde's,  after 
being  sent  for  ;  he  was  engaged  in  conversation  with  the  rest,  and 
appeared  very  much  confused. 

Q.  Did  you  appeal  to  him  to  verify  your  character,  and  what  was 
his  reply  ? 

A.  1  appealed  to  him  ;  he  replied  that  he  had  stated  my  character  ; 
urged  Mr.  Bedford  and  myself  to  go  to  another  place  to  look  for 
the  goods,  which  1  declined  ;  he  offered  us  horses  to  go,  and  1  be- 
lieve that  if  1  had  been  disposed  to  go,  they  would  have  released  113. 

Q.  During  the  period  that  elapsed  between  your  first  visit  to 
Faxardo,  and  your  seeing  Commodore  Porter  at  St.  Thomas,  had 
you  made  any  report  of  the  affair  to  him  or  to  the  Government  ? 

Jl.  None  whatever.  I  expected  him  at  St.  Thomas,  (where  I 
was  directed  to  await  his  arrival,)  though  not  so  soon  as  he  actual- 
ly came. 

Q.  Did  you  during  that  period,  consider  that  the  flag  of  the  United 
States  had  received  an  insult  which  required  atonement  ? 

Jl.  Yes,  I  did. 

Q.  Did  Mr.  Bedford,  or  any  other  person,  accompany  you  to 
Faxardo,  on  the  second  visit  ?  and  if  so,  for  what  purpose  ? 


373 

A.  Mr.  Bedford  went  down  on'thc  second  visit,  but  did  not  land. 
The  object  was  that,  if  any  discovery  should  be  made,  he  might  be 
there  to  identify  the  goods. 

Q.  In  the  conversation  between  Commodore  Porter  and  the  nu* 
thorties,  was  any  thing  said  on  the  subject  of  those  goods,  and  what  ? 

Jl.  I  do  not  recollect  that  any  thing  was  said  o~n  the  subject. 

Q.  What  is  the  distance  between  the  beach  were  you  landed,  and 
the  village  at  Faxardo  ? 

.7.  About  a  mile  and  a  half, 

Q.  Had  any  complaint  been  made,  or  explanation  askeo*,  either 
by  yourself  or  Commodore  Porter,  for  the  insult  you  had  received, 
either  of  the  authorities  at  Faxardo,  or  of  the  Island,  before  your 
second  visit  ? 

A.  None  by  myself,  and  none  that  I  know  of  by  the  Commodore. 

^-  (By  Capt.  Rodders.)  What  is  the  character  of  the  inhabitants 
of  Faxardo  ?  Is  it  considered  a  place  of  refuge  for  pirates,  and  are 
net  pirates  openly  protected  there  ? 

Jl.  Yes,  I  have  heard  so;  I  have  understood  that  hundreds  of 
thousands  of  dollars  worth  of  property  had  been  stolen  at  St.  Tho- 
mas, and  remnants,  or  parts  of  the  goods,  discovered  there  and 
in  the  neighbourhood. 

Q.  (By  Capt.  Thompson.)  Will  yon  please  to  state  to  the  Court 
the  particular  instruction  under  which  you  thought  yourself  author- 
ized to  land  at  Faxardo,  in  order  to  recover  the  property  in  ques- 
tion ? 

Jl.  The  instructions  under  which  I  acted  were  the  general  instruc- 
tions from  Commodore  Porter,  of  which  I  was  furnished  with  a  copy, 
as  well  as  the  other  vessels  in  the  squadron,  annexed  and  marked  (H.) 

Q.  (By  same.)  Do  you  know  the  house  of  Cabot,  Bailey  &  Co.  to 
be  accredited  agents  of  the  Government  of  the  United  States  ? 

Jl.  I  know  them  to  be  respected  as  such  by  the  authorities  at  St. 
Thomas,  and  that  they  act  as  magistrates  ;  I  mean  that  Mr.  Cabot  is. 

Cross  Examined  by  the  Accused. 

Questions  to  Lieutenant  Platt  by  Commodore  Porter. 

Q.  Had  not  the  island  of  Porto  Rico,  and  especially  the  district 
about  Faxardo,  been  notorious,  from  common  report,  before  and  at 
the  time  of  your  visit,  as  a  rendezvous  and  refuge  for  such  of  the  pi- 
rates as  were  unable  to  keep  the  sea,  and  who  where  generally  said 
to  make  that  their  retreat  with  their  plunder,  after  marauding  ex- 
peditions ? 

Jl.  Yes. 

Q.  Were  not  those  reports  communicated  to  me,  and  did  I  not 
receive  frequent  and  heavy  complaints  of  the  piratical  character  of 
Faxardo  and  the  country  around  ? 

Jl.  Yes  ;  I  was  present  at  a  conversation  between  Commodore 
Porter  and  respectable  merchants  at  St.  Thomas,  after  his  arrival 


374 

en  the  twelfth  of  November  ;  they  stated  that  protection  was  afford- 
ed to  pirates  by  the  inhabitants  of  Faxardo  ;  that  they  were  general- 
ly believed  to  be  concerned  with  the  pirates.  They  referred  him 
to  respectable  gentlemen  on  shore,  who  had  letters  from  respectable 
people  to  that  effect. 

Q.  Were  not  the  guns  of  the  battery  trained  on  the  Grampus,  aa 
she  lay  abreast  of  the  battery,  before  any  order  was  given  to  land  ? 

A.  I  do  not  know  ;  they  were  so  trained  before  they  left  the 
Grampus. 

Q.  Did  the  party  who  landed  to  strike  the  guns,  make  any  at- 
tack or  offer  any  violence  to  tlie  persons  at  the  battery,  or  use  any 
force  to  dislodge  them  ? 

A.  The  party  landed  and  took  possession  of  the  fort  ;  the  Span- 
iards abandoned  it  before  our  men  reached  them. 

Q.  Was  not  the  most  perfect  order  preserved  among  our  men  on 
ihe  march  to  Faxardo  ? 

A.  Yes. 

Q.  Was  any  violence  or  injury  of  any  kind  committed  by  any  of 
our  men,  upon  the  persons  or  property  of  any  of- the  inhabitants  ? 

A.  None  whatever. 

Q.  Were  not  the  grog  shops  on  the  road  from  the  harbour  to  the 
town  thrown  open,  and  temptingly  set  out  with  drink,  and  without 
any  protection  ? 

A.  They  were  ;  liquor  was  brought  out  and  offered  to  me  as  we 
were  returning  ;  1  did  not  see  any  thing  of  the  sort  as  we  went  up. 

Q.  Did  you  see  or  hear  of  any  instance  of  the  men's  quitting 
their  ranks  to  enter  these  shops  ;  and  had  they  any  other  means  of 
getting  refreshment  until  their  return  to  the  beach  ? 

A.  None  whatever. 

Q.  Were  you  near  us  during  my  conference  with  the  Alcalde  ; 
and  did  you  hear  distinctly  what  passed  ? 

A.  Yes  ;  I  was  along  side  of  him. 

Q.  Did  I  not  exact,  in  addition  to  the  apology  for  their  ill  treat- 
ment of  you,  a  promise  that  aid  and  assistance  should  be  furnished, 
and  respect  shewn  to  American  officers,  who  might  go  to  Faxardo 
in  pursuit  of  pirates  ;  and  did  not  the  Alcalde  promise  such  aid  and 
respect,  so  far  as  lay  in  his  power  ? 

A.  Yes ;  that  they  should  be  respected,  and  the  Alcalde  pro- 
mised it. 

Q.  Did  not  the  Alcalde,  on  being  asked  by  me  why  he  had  put 
you  in  confinement,  say  that  he  could  not  avoid  it ;  that  he  had  been 
compelled  to  do  so  by  others  ? 

A.  Yes. 

Q.  Did  you  not  understand  from  the  said  conversation,  and  the 
excuses  made  by  the  Alcalde,  that  there  was  some  mystery  in  the 
transaction  ;  and  that  the  regular  authorities  of  the  place  had  been 
interrupted,  and  forced  from  their  duty  by  the  irregular  interference 
of  unauthorized  persons  ? 

A.  1  drew  that  conclusion  from  the  conversation  that  passed,  aud 
the  apology  made. 


375 

Q.  Did  you  not  ask  the  Alcalde  in  ray  presence,  if  the  goods  had 
been  recovered,  and  did  he  not  answer  no  ? 

A.  I  do  not  recollect  any  thing  of  the  kind. 

Q.  Did  you  know  at  the  time  you  went  first  to  Faxardo,  that 
Campos  had  the  goods,  or  did  you  get  that  information  afterwards  ? 

A,  I  received  the  information  since. 

Q.  Did  you  helir  from  many  f)f  the  persons  on  shore,  after  my 
interview  with  the  Alcalde,  that  they  had  been  expecting  me,  and 
preparing  to  resist  me  ? 

A.  I  understood  from  the  interpreter,  that  the  visit  was  not  un- 
expected to  him,  that  he  anticipated  it. 

Q.  Did  not  the  Alcalde,  and  the  inhabitants  generally,  appear  to 
be  perfectly  satisfied  with  my  proceedings — and  did  we  not  all  part 
in  good  fellowship,  and  with  mutual  civilities  ? 

A.  They  did. 

Q.  Did  you  hear  any  complaint  from  any  of  the  inhabitants  of 
my  landing,  or  of  the  treatment  they  received  ? 

A.  None  whatever. 

Q.  Upon  your  arrival  at  St.  Thomas,  after  your  confinement  at 
Faxardo,  what  American  officer  did  you  find  in  command  there  ;  and 
did  you  report  to  him  either  verbally,  or  in  writing  ?  Or  did  you 
give  him  information  of  what  had  passed  at  Faxardo  ;  and  what  ad- 
vice or  instructions  did  he  give  you  ? 

J\.  Lieutenant  Sloat  came  in  some  days  after.  I  informed  him 
what  had  passed,  but  made  no  formal  report  to  him.  He  expressed 
an  opinion  that  it  was  no  more  than  we  had  a  right  to  expect  from 
them,  but  gave  no  advice. 

Q.  Did  you  make  a  formal  report  to  me  of  those  transactions, 
immediately  on  my  arrival  at  St.  Thomas  ? 

A.  I  did,  as  I  have  before  stated. 

Q.  Did  you  afterwards  convoy  vessels  to  Ponce,  Porto  Rico,  <>r 
go  there  on  other  official  business,  bjr  order  of  Lieutenant  Sloat? 
And  how  were  you  received  and  treated  there,  by  the  public  au- 
thorities and  inhabitants  ?  Was  it  not  with  marked  distinction  and 
hospitality  ? 

A.  I  went,  not  only  by  orders  of  Lieutenant  Sloat,  but  of  myself. 
I  visited  Ponce  some  time  after,  inconsequence  of  the  accompany- 
ing letter  from  Mr.  Furness  (read,  annexed  to  the  record,  and  mark- 
ed (2),  where  I  was  received  with  the  greatest  possible  attention 
and  respect.  I  was  invited  to  a  public  dinner,  where  there  were 
about  forty  of  the  most  respectable  citizens  :  and  it  was  known  that  I 
was  the  same  person  who  had  visited  Faxardo  ; — and  I  landed  in  the 
same  uniform  that  I  had  on  at  Faxardo.  The  particulars  of  my  visit 
appear  in  a  report  made  by  me  to  Commodore  Porter,  dated  Feb- 
ruary 10(h,  1825,  (read,  annexed,  and  marked  (3). 

Q.  Did  they  make  any  such  remark  as  this,  that  they  were  de- 
termined to  shew  by  their  conduct  towards  you,  that  they  were  not 
pirates;  and  did  you  understand  them  as  alluding  to  the  affair  of 
Faxardo  ? 


376 

•A.  No  ;  I  understood  they  were  mortified  at  the  treatment  I  had 
received  at  Faxardo,  and  were  determined  to  shew  they  were  a 
different  sort  of  people. 

Q.  Did  not  some  of  the  most  respectable  inhabitants  of  Faxardo 
apologize  for  the  conduct  of  the  Alcalde,  towards  you,  by  saying  he 
was  some  how  under  the  influence  of  the  populace  ? 

A.  Yes ;  the  interpreter  himself  told  me  that  the  Alcalde  was 
swayed  by  others,  and  an  Irish  gentleman  there  took  a  very  active 
part  on  the  occasion. 

The  Court  adjourned  'till  ten  o'clock  on  Monday  morning. 

MONDAY,  JULY  1  ITH. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday :  pre- 
sent all  the  members  of  the  Court,  (excepting  Captain  Wadsworth,) 
the  Judge  Advocate,  and  Captain  Porter. 

A  letter  was  read  to  the  Court,  from  Captain  Wadsworth  to  the 
President,  accompanied  with  a  certificate  from  his  attending  phy- 
sician, stating  that  he  was  too  much  indisposed  to  be  able  to  attend 
the  Court  Martial  this  day. 

The  Court  (the  accused  assenting,)  took  the  same  order  on  this 
occasion,  as  on  Saturday,  in  consequence  of  the  absence  of  Captain 
Elliott. 

The  minutes  of  the  proceedings  of  Saturday,  were  then  read  by 
the  Judge  Advocate. 

The  examination  of  Lieutenant  Platt  was  resumed. 

Q.  By  the  President  of  the  Court.  How  far  is  it  from  Faxardo 
to  St.  Johns — and  is  the  communication  between  the  places  fre- 
quent ? 

A.  I  understand  the  distance  is  about  forty  or  forty  five  miles,  and 
that  the  communications  between  the  places  are  daily. 

Q.  By  Capt.  Porter.  Was  it  generally  anticipated  and  understood 
by  the  officers  of  the  Navy  on  the  station,  and  by  the  persons  at  St. 
Thomas,  who  had  heard  of  the  treatment  you  had  received  at  Fax- 
ardo, that  1  should  proceed  to  the  latter  place,  and  get  satisfaction 
for  their  conduct ;  and  that  in  doing  so,  I  should  land  with  an  arojed 
force,  and  march  to  the  town  ? 

A.  It  was  hoped  by  the  merchants  and  respectable  citizens  of  the 
place,  that  such  would  be  the  case,  and  was  wished  for  by  the  of- 
ficers ou  the  station. 

Q.  Did  this  general  anticipation  of  ray  intended  course  proceed 
from  any  communication  from  me,  to  the  officers  or  others,  of  my 
intended  operations,  or  merely  from  the  general  opinion  of  the  pro- 
priety or  necessity  of  the  measure? 

A.  From  the  opinion  of  the  propriety  and  necessity  of  the 
measure. 

Q.  Was  it  the  general  opinion,  and  your  own,  that  the  co  urse 
which  it  was  supposed  1  intended  to  pursue  was  a  necessary  and., 
effectual  measure  to  repress  piracy,  and  ensure  respect  and  pro- 


377 

lection  to  our  officers  and  detachments,  when  landing  in  the  dis* 
charge  of  their  duty  ? 

.#.  Yes,  it  was  thought  to  be  necessary  that  such  a  stand  should 
be  taken,  until  it  happened  no  vessel  dared  leave  the  port  with- 
out the  protection  of  a  man  of  war. 

Q.  Was  it  the  general  opinion,  and  your  own,  from  your  expe- 
rience of  the  consequences  of  the  operation  at  Faxardo,  that  it  had 
made  the  most  beneficial  impression,  and  had  produced  effects  of 
great  practical  utility  in  the  accomplishment  of  the  general  objects 
of  our  cruise,  the  suppression  of  piracy  ? 

A.  It  was  decidedly  my  impression  ;  and  the  subsequent  treat- 
ment I  have  received  from  the  authorities  in  the  Spanish  West  In- 
dia islands,  and  their  conduct  since,  has  created  this  impression.  I 
never  before  knew  of  any  aid  or  assistance  being  furnished  by  the 
authorities  of  Porto  Rico — it  has  been  done  since. 

Q.  Had  you  not  been  cruizing  a  considerable  time  before  your 
first  visit  to  Faxardo,  in  the  neighbourhood  of  that  place  and  St. 
Thomas  in  the  Beagle  ?  Was  not  the  Beagle  well  known  in  those 
parts — and  was  there  not  daily  and  hourly  intercourse  by  means  of 
small  boats  between  St.  Thomas  and  Faxardo. 

Jl.  Yes,  I  had  been  on  the  station  a  short  time.  I  had  been 
cruizing  in  the  neighbourhood  of  Faxardo  within  sight  of  the  east 
end  of  the  island,  before  I  went  to  St.  Thomas,  and  there  was  a 
constant  communication  between  Faxardo  and  St.  Thomas. 

The  examination  of  this  witness  being  closed,  at  the  request  of  a 
member  who  had  a  proposition  to  submit,  the  Court  was  cleared. 

The  proposition  having  been  submitted,  after  deliberating  upon 
the  same,  the  Court  adopted  the  following  resolution  : 

It  appearing  to  the  Court  that  what  purports  to  be  the  proceed- 
ings of  this  Court,  and  particularly  the  evidence  given  by  the  wit- 
nesses who  have  heretofore  been  examined,  have  been  published  in 
a  newspaper  of  this  City  ;  and  this  course  appearing  highly  objec- 
tionable, and  in  particular  virtually,  annulling  a  special. rule  of  all 
Courts  Martial ;  that  no  witness,  previous  to  his  examination,  shall 
he  permitted  to  know  what  testimony  has  been  given  by  any  other 
person.  It  is  ordered  by  the  Court,  that  no  spectator,  other  than 
such  persons  as  may  be  particularly  employed  by  Captain  Porter, 
and  for  his  use,  be  permitted  to  take  minutes  of  the  proceedings  of 
the  Court. 

Whereupon,  the  Court  was  opened,  and  the  foregoing  proceed- 
ings announced. 

Robert  Ritchie,  a  lieutenant  in  the  Navy  of  the  United  States,  be- 
ing duly  sworn,  according  to  law,  deposes  and  says  : — 

1  landed,  in  company  with  Mr.  Platt,  at  Faxardo,  on  the  morning 
of  the  27th  of  October. — Mr.  Bedford,  a  clerk  of  Messrs  Cabot  and 
Bailey,  and  the  pilot,  were  in  company.  It  was  about  six  or  seven 
in  the  morning. — We  met  a  number  of  men  on  the  beach.  One 
man,  with  a  cutlass  in  his  hand,  but  without  any  appearance  of  being 
an  officer  or  soldier,  addressed  Lieutenant  Platt,  asked  him  for  his 
48 


378 

Register.     Lieutenant  Plait  replied  that  he  carried  no  register — *• 
told  him  what  vessel  it  was — that  it  was  the  United  States  schooner 
Beagle.     He  inquired  lor  the  Captain  of  the  Port,  and  was  told  he 
lived  in  Faxardo.  One  of  the  citizens  offered  to  shew  us  the  way,  and 
we  started  off.     We  saw  the  Captain  of  the  Port  on  our  arrival  at 
the  town — told  him  our  business.     Mr.  Platt  told  him  he  had  come 
on  shore  in  citizen's  dress — that  he  had  brought  with  him  a  clerk  of 
the  house  whose  goods  had  been  stolen.     The  Captain  of  the  Port 
asked  Lieutenant  Plait  for  his  register  ;  he  replied  that  he  carried 
none — he  was  satisfied  apparently.     Mr.  Platt  shewed  him  the  let- 
ter he  had  for  Mr.  Campos  ; — he  sent  a  young  man  with  us  to  shew 
us  where  Mr.  Campos  resided.     On  our  leaving  him,  he  appeared 
perfectly  satisfied.     After  Mr.  Campos  had  read  the  letter,   he  of- 
fered to  render  us  all  the  service  in  his  power — said  it  would  be  ne- 
cessary for  us  to  go  over  to  the  Alcalde's  house,  and  he  would  for- 
ward our  views.     On  our  arrival  there,  we  found   the  Captain  of 
the  Port.     Mr.   Campos  related  to  the   Alcaldf  what  our  object 
was — he  appeared  perfectly  satisfied,  and  shook  hands  with  us  after 
an  introduction.     Mr.  Campos  then  requested  the  Alcalde  and  the 
Captain  of  the  Port,  to  go  into  a  private  room,  that  he  wished  to 
speak  with  them.     The  door  was  shut — we  heard  them  in  conver- 
sation.    Mr.  Platt  proposed  to  me  to  go  over  and  get  some  break- 
fast, as  they  were  busy.     We  had  j«st  finished  our  breakfast,  when 
a  negro  came   over  with   a  sword  in   his  hand,  and  told    us   the 
Captain  of  the  Port  wished  to  see  us.     On  our  arrival  at  the  Al- 
calde's house,  the  Captain  of  the  Port  came  up  to  Lieutenant  Platt, 
and  demanded  of  him   his  register.     He  replied,  I  told  you,  and  1 
tell    you    again,     my  vessel  carries  no   register.      He    appeared 
very  angry,   and  said  he  would  detain  us  until  he  heard  from  St. 
John's.     Lieutenant  Platt  then  attempted  to  leave  them.     The  Al- 
calde took  him  by  the  arm,  and  said  he  must  consider  himself  a  pri- 
soner.    He  asked  him  why  he  was  detained  as  a  prisoner  ?  The 
Captain  of  the  Port  replied,  you  are  nothing  but  a  pirate.     1  began 
to  walk  to  and  fro,  and  he  ordered  me  into  the  same  room  where 
Lieutenant  Platt  wa? — and  he  said  if  we  were  not  satisfied  with  that, 
he  would  order  us  to  the  King's  house.     Just  at  that  moment,  a 
gentleman  came  up  and  accosted  me  by  name.    His  name  is  Craft — 
he  is  a  planter  in  the  Island.     He  asked  me  what  my  difficulty  was, 
and  I  told  him.     He  turned  round  to  the  Captain  of  the  Port,  told 
him  who  I  was,  that  he  had  seen  me  at  St.  Johns,  at  the  funeral  of 
Lieutenant  Cocke,  and  knew  me  to  be  an  American  officer.     He 
reasoned  with  the  Captain  of  the  Port  upon  the  impropriety  of  his 
conduct,  when  he  knew  me  to   be  an  officer  in  the  Navy.     The 
Captain  of  the  Port  appeared  very  angry,  was  walking  about,  swear- 
ing in  Spanish.  Lieutenant  Platt  asked  him  if  he  would  allow  me,  or 
any  gentleman  present,  to  go  on  board  his  vessel  and  get  his  commis- 
sion ?  He  said  no,  he  would  send  us  to  the  City — St.  Johns.  The  gen- 
tleman who  acted  as  interpreter,  and  had  been  Alcalde  before,  offered 
himself  to  go  ;  he  objected  to  that,  and  allowed  Mr.  Bedford,  (th« 


379 

clerk  of  Mr.  Cabot,)  and  Mr.  Campos  to  go.  They  brought  both 
our  uniform  coats  ashore,  and  Mr.  Platt's  commission.  The  com- 
mission WHS  read  to  him  by  the  interpreter.  He. threw  it  on  the 
table,  said  it  was  a  forgery,  that  there  was  no  Lieutenant  Comman- 
dant in  it.  The  Captain  of  the  Port  then  became  very  abusive, 
walked  about,  and  I  could  frequently  hear  him  talk  of  Commodore 
Porter  and  the  officers.  I  then  attempted  to  come  out  of  the  door, 
and  two  negroes  who  stood  there  with  cutlasses,  ordered  me  bacR 
Some  conversation  took  place  between  the  Captain  of  the  Port,  the 
Alcalde,  and  the  interpreter  in  the  back  part  of  the  room,  but  I 
could  not  understand  what  was  said.  The  interpreter  then  came 
forward,  and  asked  Lieutenant  Platt,  whether  he  had  any  thing  to 
shew  that  he  was  Lieutenant  Commandant,  for  that  the  Captain  of 
the  Port,  as  he  said,  was  so  ignorant  he  could  not  beat  it  into  his 
head.  He  said  he  had  his  appointment  from  Commodore  Porter, 
which  he  could  shew  them — his  orders  to  the  vessel.  Mr.  Campos 
in  the  mean  while  had  brought  horses  there,  and  told  Lieutenant 
Platt  he  might  probably  get  the  goods  at  a  small  town  about  twenty 
miles  off,  the  name  of  which  is  Naguaba.  Mr.  Platt  declined  going, 
and  sent  Mr.  Bedford  and  Mr.  Campos  on  board  for  all  his  papers. 
It  was  some  time  before  they  returned  with  the  papers,  and  we 
were  kept  in  the  mean  while,  guarded  in  the  room  by  the  negroes. 
When  they  returned  with  the  papers,  Lieutenant  Platt  shewed  the 
Captain  of  the  Port  his  orders.  The  Captain  of  the  Port  did  not  ap- 
pear satisfied  with  the  papers,  until  the  interpreter  and  Mr,  Craft 
told  him  they  knew  it  to  be  Commodore  Porter's  signature,  that 
they  had  seen  it  before.  At  this  time  a  number  of  citizens  had  met 
in  the  room  together  ; — a  long  conversation  took  place  between  the 
Alcalde,  the  Captain  of  the  Port,  and  the  citizens.  Mr  Craft  and 
the  interpreter,  who  appeared  very  warm  in  our  favour,  told  them 
the  impropriety  of  their  conduct  in  detaining  us.  They  at  last 
agreed  about  sun  set,  to  let  us  return  to  our  vessel.  We  proceed- 
ed towards  the  vessel,  and  at  the  outskirts  of  the  town  saw  some 
blackguards  there,  who  laughod  at  us.  We  took  no  notice  of  them, 
but  passed  on,  got  on  board  the  schooner  about  seven  or  eight  o'clock, 
and  made  the  best  of  our  way  to  St  Thomas. 

We  told  the  Captain  of  the  Port  while  he  had  us  detained,  that 
Commodore  Porter  was  corning  out,  and  we  should  acquaint  him 
with  our  treatment.  Neither  the  Alcalde  nor  the  Captain  of  the 
Port  had  any  uniform  on  :  I  asked  them  why  they  had  no  uniform 
on — they  said  it  was  none  of  my  business. 

On  the  morning  of  the  14th  November,  we  arrived  in  the  har- 
bour of  Faxardo,  under  the  command  of  Commodore  Porter. — 
Standing  in,  the  Commodore  hailed  Lieut.  Platt,  and  told  him  to 
stand  in,  and  cover  with  his  schooner  the  landing  of  the  troops. — 
We  did  so,  and  had  every  thing  clear  for  action.  After  the  men 
from  the  Grampus  and  the  boats  had  landed,  the  Commodore,  in 
passing  by,  ordered  Lieut.  Platt  to  come  on  shore.  I  landed  with 
Mr.  Platt  ;  the  troops  were  then  ordered  to  march.  Before  we  got 


380 

en  shore,  Lieut.  Crabbe  had  marched  with  the  marines,  and  Mr, 
Stribling  had  gone  with  the  flag.  Mr  Pendergrast,  and  the  party 
who  had  spiked  the  guns  on  the  hill,  just  joined  us.  We  all  march- 
ed off,  leaving  Mr.  Barton,  with  a  party  of  marines,  to  guard  the 
boats.  On  our  passing  two  gun?,  about  a  quarter  of  a  mile  from 
the  beach,  the  Commodore  directed  Mr.  Pendergrast  to  spike 
them,  which  was  done.  On  our  arrival  near  the  town,  I  observed 
Mr.  Crabbe,  with  the  marines,  stationed  about  four  or  five  hundred 
yards  from  a  field  piece  at  the  entrance  of  the  town.  The  Com- 
modore then  ordered  the  men  to  halt  about  one  hundred  yards  from 
Mr,  Crabbe.  After  we  had  been  there  about  ten  or  fifteen  min- 
utes, I  observed  Mr.  Stribling  with  the  fiv<  coming  down  with  the 
Alcalde  and  the  Captain  of  the  Port.  When  they  arrived,  the 
Commodore  requested  all  the  officers  to  assemble  together  under  a 
tree.  The  Commodore  told  the  Alcalde  the  object  of  his  visit ; 
that  he  must  make  an  apology  to  Lieut.  Plattforhis  treatment,  satis- 
factory to  th'e  officers  round.  He  did  apologise.  The  Commodore 
then  told  him  that,  should  any  officer  hereafter  land  there,  he  must 
treut  him  with  every  respect  that  was  due  to  him.  The  Commo- 
dore then  shook  hands  with  both  of  them.  They  gave  him  an  in- 
vitation to  go  into  the  town.  The  Commodore  asked  if  there  were 
any  refreshments,  he  wished  some  for  his  men  i  pointed  out  a 
man  with  ivhom  we  had  breakfasted,  who  said  he  would  furnish  liquor. 
The  Commodore  walked  into  the  edge  of  the  town  with  the  Alcalde 
and  the  Captain  of  the  Port.  He  then  wished  them  good  by,  and 
said  he  should  march  his  men  down  to  the  beach,  where  they  could 
get  the  refreshments.  I  believe  I  was  the  last  man  out  of  the  town. 
Mr.  Campos  came  up,  and  asked  me  if  1  would  carry  a  letter  from 
him  to  Mr.  Bfrgeest  at  St.  Thomas.  I  said  yes,  provided  it  would 
not  detain  me.  1  asked  him  if  he  had  heard  any  thing  of  the  stolen 
goods.  He  said  he  had  not,  though  he  had  made  every  inquiry.-— 
He  went  for  the  letter,  but  not  returning  soon  enough,  I  proceeded 
to  the  beach.  On  my  return.  1  found  the  houses  that  had  been  de- 
serted as  we  went  up,  had  their  inhabitants  in  them  ;  they  took  off 
their  hats  to  me  as  I  passed,  and  gave  me  some  water  to  drink  I 
got  down  just  as  the  men  did  with  the  liquor.  It  was  paid  for,  and 
we  went  off.  Several  persons  on  the  beach  on  our  return  offered 
us  cocoa  nuts 

Q.  When  you  arrived  on  the  first  occasion  in  the  harbour  of  Fax- 
ardo,  and  while  you  remained  there,  were  your  colours  flying  on 
board  the  Beaule  1 

A  When  we  arrived  it  was  just  at  sun-set.  The  colour?  were 
then  flying  ;  and  as  we  landed,  Mr.  Platt  ordered  them  to  be  hoisted 
at  9  o'clock. 

Q  Do  you  think  that  when  you  landed,  the  character  of  the  ves- 
sel was  known  to  the  people  on  shore  1 

J).  I  think  so  :  for  a  m-m  who  had  come  off  to  us,  had  by  this 
time  landed,  and  I  presume  had  acquainted  them  with  our  charac- 
ter. 


331 

Q.  Was  there  any  interruption  offered  to  you  on  the  beach  whea 
you  landed  ? 

./?.  Only  by  the  man  that  I  before  mentioned,  who  had  a  Sword 
in  his*  hand,  and  his  head  tied  up. 

Q.  Was  your  character  announced  to  the  people  on  the  beach  ? 

A.  Yes. 

Q.  Was  it  known  to  all  with  whom  you  spoke  that  you  were 
American  officers  ? 

A    Yes. 

Q.  What  was  the  object  of  landing  without  your  uniforms  ? 

A.  We  thought  it  would  increase  our  prospect  of  success  if  it 
was  not  known  who  we  were. 

Q.  Why  then  did  you  announce  who  you  were  ? 

A.  We  announced  it  to  the  authorities  as  we  had  intended,  and 
to  the  man  on  the  beach  :  we  knew  we  could  get  up  to  the  town 
before  him. 

Q.  Did  Lieut.  Platt  and  yourself  examine  any  of  the  goods  in 
any  of  the  retail  stores  in  the  town,  or  make  any  inquiries  there  as 
to  the  goods  ? 

A.  No  ;  we  had  asked  permission  of  the  Alcalde  to  do  so,  and  it 
was  refused  us. 

Q.  Did  either  of  you  go  to  any  of  the  stores  ? 

A.  No  ;  the  man  who  kept  the  public  house  had  a  store,  but 
we  did  not  go  in  ;  and  we  first  entered  Mr.  Campos'  store,  but  did 
not  examine  any  of  the  goods. 

Q.  What  was  the  treatment  you  received  from  the  inhabitants  of 
Faxardo,  besides  the  Alcalde  and  the  Captain  of  the  Port  ? 

A.  We  received  from  four  or  five  gentlemen  there  very  kind 
treatment,  but.  from  the  lower  classes  our  treatment  was  rough. 

Q.  Did  those  who  were  rough  in  their  behaviour,  appear  to  know 
who  you  were  ? 

A.  I  do  not  know.  Mr.  Craft  mentioned  to  the  persons  in  the 
house  of  the  Alcalde  and  round  the  door  who  we  were. 

Q.  Did  they  carry  you,  or  order  you  to  the  jail  ? 

A-  They  ordered  me,  and  the  Alcalde  took  Mr.  Platt,  and  led  him 
into  a  room  in  his  house,  and  they  also  spoke  of  sending  us  to  the 
King's  house.  The  room  in  which  we  were  kept  was  occupied  as 
a  stable,  the  front  room  was  occupied  as  his  office.  On  reflection, 
I  recollect  that  Mr.  Platt,  accompanied  by  the  two  negroes,  was  or- 
dered to  the  jail,  which  was  about  fifty  yards  from  the  Alcalde's 
house.  I  did  not  accompany  him  ;  he  was  absent  only  a  few  mo- 
ments. 

Q.  Did  you  at  the  time  attribute  the  conduct  of  the  Captain  of 
the  Port  and  the  Alcalde  to  their  ignorance  of  your  characters,  or 
to  a  wish  to  insult  the  American  flag  in  your  persons  ? 

A.  I  thought  at  the  time  they  wished  to  insult  us  ;  I  afterwards 
understood  they  were  bribed  by  Mr.  Campos  to  do  it.  I  had  no 
idea  they  were  ignorant  of  our  character. 

Q.  When  you  were  released,  were  you  ordered  to  go  on  board 
your  vessel  with  any  insulting  language  ? 


382 

A.  Not  by  any  body  else  than  these  I  have  spoken  of  at  the  out- 
skirts of  the  town.  At  leaving  the  Captain  of  the  Port,  I  told  him 
the  Commodore  would  pay  him  a  vi<-it  shortly  ;  he  shook  his  cane 
at  me,  and  said  something  in  Spanish,  which  from  his  manner  I 
thought  was  abuse. 

Q.  When  the  Grampus  and  Beagle  entered  and  anchored  in  the 
harbour  of  Faxardo,  were  their  colours  flying,  and  were  they  pre- 
pared for  action  ? 

A.  Yes  :  The  Commodore's  broad  pendant  was  flying  on  board 
the  Grampus  ;  the  flags  were  flying  on  board  the  Beagle,  and  the 
boats  and  all  were  ready  for  action. 

Q.  Where  did  the  Grampus  anchor  ? 

A.  The  Grampus  anchored  abreast  of  the  battery  on  the  hill. 

Q.  Did  you  see  any  preparations  making  in  that  battery  to  fire  on 
you,  and  how  soon  after  anchoring  ? 

A.  As  we  were  standing  in,  I  saw  a  number  of  men  standing  in 
the  battery  on  the  hill,  a  company  to  each  gun,  and  I  thought  they 
were  preparing  for  action. 

Cross  Examined  on  the  part  of  the  Accused. 

Q.  Did  you  not  find,  on  your  first  visit  to  Faxardo,  some  person 
or  persons  in  search  of  property  stolen  from  other  islands  besides 
St.  Thomas? 

A    Yes. 

Q.  Had  you  any  doubt  at  the  time  of  your  detention  at  Faxardo, 
that  they  all  perfectly  knew  the  real  character  of  yourselves  and 
vessel  ? 

A.   \  had  no  doubt  of  it. 

Q.  From  information  since  obtained,  what  do  you  believe  to 
have  been  the  real  object  of  the  persons  who  caused  your  de- 
tention ? 

A.  I  thought  at  the  time  the  object  was  to  insult  us  :  I  have  since 
received  information,  which  has  induced  me  to  believe  that  Mr. 
Campos  at  that  time  had  the  goods  in  his  possession,  and  that  he 
had  bribed  the  Alcalde  and  the  Captain  of  the  Port,  to  act  towards 
us  as  they  did. 

Q.  Before  my  visit  to  Faxardo,  and  at  the  time  I  proceeded 
from  St.  Thomas,  on  the  expedition  to  Faxardo,  was  that  place  and 
the  district  around,  notorious  as  the  haunt  and  refuge  of  pirates  ? 

A,  Yes  ;  1  have  understood  from  good  authority,  that  they  plun- 
dered not  only  on  the  high  seas,  but  on  shore. 

Q.  Was  the  general  opinion  of  the  officers  and  of  other  persons 
interested  in  the  suppression  of  piracy,  decidedly  in  favour  of  my 
expedition  to  Faxardo  ;  and  was  it  not  generally  anticipated  and 
thought  proper,  after  the  insult  to  Lieut.  Platt. 

A.  Yes. 

Q.  Were  the  practical  effect  and  consequences  of  my  operations 
at  Faxardo,  found  to  be  highly  beneficial  and  useful  ;  and  as  the 
measure  applauded  even  in  Spanish  towns  and  in  Porto  Rico  itself  J 


383 

A.  Ves,  particularly  at  Ponce  and  Aguadilla,  where  I  afterwards 
was. 

Horatio  N.  Crabbe,  a  Lieutenant   in  the    Marine  Corps  of  the 
United  States,  being  duly  sworn  according  to  law,  depO!-es  and  sayst 

I  was  on  board  the  John   Adams    as  commanding  marine  officer 
of  the  guard.     On  our  arrival  at  St.  Thomas,  we  heard  of  an  out- 
rage that  had  been  committed  by  the  authorities  at  Faxardo   upon 
the  persons  of  Lieutenants  Platt  and  Ritchie.     We  proceeded  from 
St.  Thomas,  for  the  purpose,  as  I  understood,  of  obtaining  satisfac- 
tion for  the  insult.     The  schooners  Grampus  and   Beagle  were  in 
company,  and  we  anchored  with  the  ship  off  Passage  Island.     The 
boats  of  the  ship  and  the  men  to  be  taken  from  her  were  got  in 
readiness   for  service.     We  left  the  Adams  about  sun-set  on  the" 
evening  of  the  13th  of  November,  proceeded  on  board  the  schoo- 
ners, and  on  the   morning  of  the   14th,  between  seven  and   eight 
o'clock,  anchored  in  the  harbour  of  Faxardo.     The  first  boat  that 
left  the  Grampus,  was   under  charge  of  Lieutenant   Pendergrasl, 
accompanied  by  Lieut.  Barton  of  the  Marine  Corps,  with  the  ma- 
rines of  the  Grampus,  thirteen  or  fourteen  in  number.     I  do  not 
know  the  orders  that  Mr.  Pendergrast  received.     I  saw  him  take 
possession  of  the  battery  before  the  rest  of  the  boats  had  landed, 
without  any  opposition.    About  nine  o'clock  all  the  men  had  landed. 
We  were  formed  in  line  on  the  beach.     I   received  a  message  from 
Commodore  Porter  stating  that  he  wished  to  see  me.     I  repaired  to 
the  place  where  he  was  standing,  and  received  orders  from  him  to 
form  my   guard — look  for  the  road  to  the  town  ;  proceed  and  take 
up  a  favourable  position  to  cover  the  advance  of  the  main  body.     I 
found  the  road  without  difficulty ;  marched  my  guard  off,  consisting 
«f  two  sergeants,  two  corporals  and   twenty  privates.     I   had  also 
with  me  from  the  ship,  a  boy  who  is  the  marine  drummer  ;  a  mas- 
ter at  Arms  of  the  John  Adams,  and  a  drummer  from  the  Grampus; 
the   whole,  including  myself,  amounting  to  twenty-eight  persons. 
At  the  distance  of  about  half  a  mile  from  the  beach,  there  were 
two  long  nine  pounders  mounted  on  a  platform  in  the  middle  of  the 
road.     I  halted  the  men  to  examine  whether  they  were  charged  or 
cot,  and  found   they  were  not.     I   at  the  same  time  took  off  the 
aprons  and  threw  them  on  the  ground,  after  which,  I  continued  my 
march  towards   the   town.     When  about  half  way  between   the 
beach  and  the  town,  I  observed  a  small  number  of  persons  follow- 
ing me  with  a  white  flag.     Not  conceiving  that  I  was  under  the  ne- 
cessity of  waiting  for  them,  until  I  discovered  Lieut.  Stribling  to 
be  one  of  the  persons  accompanying  the  flag — I  proceeded    on 
the  road.     At  this  time  I  was  within  sight  of  the  town,  approaching 
a  position  where  I  had  contemplated  halting  to  await  his  arrival.     I 
halted   upon  that  ground  until  he  came  up,  and  in  reply  to  some 
observations  from  him,  I  told  him  I  would  escort  him  into  the  place 
— he  replied  very  well.  I  suffered  him  to  get  in  advance  of  me  twen- 
ty or  thirty  yards,  when  1  put  the  men  in  motion  and  followed  him 
at  a,  slow  pace.     I  observed  some  movements  among  the  Spaniards 


384 

which  I  thought  indicated  hostility  on  their  part.  When  Lieut 
Stribliog  came  up  with  me,  there  was  a  white  flag  held  by  the  Span- 
iard* at  the  entrance  of  the  town. 

They  came  out  to  meet  him.  I  was  at  the  time  marching  on 
slowly  in  hi?  rear,  when  the  flags  met ;  I  saw  three  or  four  Span- 
iards kneel  and  present  their  muskets.  I  had  determined  to  push 
on  »t  quick  step  and  render  him  assistance,  if  it  was  necessary.  I 
however  received  a  message  from  him  requesting  me  to  halt,  until 
his  return  from  the  town.  At  this  time  I  was  from  one  hundred  and 
fifty  to  three  hundred  yards  of  the  town.  Commodore  Porter  arrived 
shortly  after  Lieut.  Stribling  left  me  to  go  into  the  town,  and  halt- 
ed some  distance  in  the  rear  of  the  marines!.  He  came  to  the 
ground  I  occupied,  and  directed  me  to  place  my  men  in  a  position 
to  face  the  Spaniards,  which  I  did. 

Not  being  able  to  complete  the  examination  of  Lieut.  Crabbe,  the 
Court  adjourned  till  to-morrow  morning  at  10  o'clock. 

TUESDAY,  JULY  12. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday :  pre- 
sent, all  the  members  of  the  Court,  (except  Captain  Wadsworth,  who 
still  continues  too  much  indisposed  to  attend,)  the  Judge  Advocate, 
and  Captain  Porter. 

The  minutes  of  the  proceedings  of  yesterday  were  read.  The 
examination  of  Lieut.  Crabbe  was  resumed. 

A  short  time  after  Lieut  Stribling  was  observed  returning,  ac- 
companied hy  the  Alcalde,  and  some  other  persons  from  the  place, 
1  was  directed  by  Commodore  Porter  to  occupy  a  position,  on  both 
sides  of  the  road,  and  to  suffer  none  to  pass,  excepting  those  who 
were  in  immediate  attendance  on  the  flag.  Those  instructions 
were  obeyed.  The  Commodore  returned  to  where  the  officers 
were  assembled,  and  there  received  the  Alcalde.  I  do  not  know 
what  occurred  there,  being  at  too  great  a  distance  to  hear  what 
was  said.  After  a  short  conversation  between  the  Commodore  and 
the  Alcalde,  I  observed  them  approaching  me.  The  Commodore, 
as  he  passed,  directed  me  to  follow  him,  with  the  marines,  to  the 
town  ;  stating,  at  the  time,  that  he  had  received  an  invitation  for 
himself,  his  officers,  and  men,  to  partake  of  some  refreshments,  af- 
ter their  march.  We  entered  the  outskirts  of  the  place  ;  1  then 
had  an  opportunity  of  seeing  the  number  of  Spaniards  drawn  up, 
which  amounted  to  about  three  times  the  number  of  the  marine 
guard.  They  appeared  to  be  militia,  and  with  muskets.  There 
was  also  another  party  on  horseback,  armed  with  swords,  and  a 
•mall  number  with  a  field  piece,  which  I  presumed  to  be  a  six- 
pounder.  After  some  conversation  between  the  Commodore  and 
the  Alcalde,  the  former  stated,  that  if  refreshments  were  sent  to 
the  beach,  they  should  be  paid  for  ;  at  the  same  time  stating  to  me, 
that  he  did  not  wish  to  bring  all  the  men  into  the  place,  as  he  was 
afraid  some  excesses  might  be  committed,  which  would  put  an  end 


385 

to  the  peaceable  settlement  of  the  business.  Commodore  Porter 
then  parted  with  the  Alcalde,  as  I  thought,  upon  friendly  terms, 
left  the  place,  accompanied  by  his  officers,  and  returned  to  the 
beach.  I  omilted  to  mention,  that,  when  I  first  received  my  in- 
structions from  Commodore  Porter,  I  had  particular  orders  not  to 
suffer  my  men  to  commit  any  outrages  upon  the  property  of  the  in- 
habitants along  the  road  ;  nor  to  commit  any  acts  of  hostility  my- 
self^mless  I  met  with  resistance. 

On  our  return  to  the  beach,  I  brought  up  the  rear  with  the  ma- 
rines ;  we  received  the  refreshments,  after  which  we  embarked,  and 
went  on  board  the  schooners,  and  proceeded  to  the  John  Adams. 

A  number  of  the  inhabitants  accompanied  us  to  ihe  beach.  The 
^persons  who  brought  the  refreshments  refused  to  receive  payment 
for  them. 

Lieutenant  Ritchie  produced  again  by  Capt.  Porter  : 

Q.  Did  Mr.  Campos  give  any  reason  for  advising  Lieut.  Platt  and 
you  to  go  to  Naguaba,  in  search  of  the  goods  ;  such  as  its  being  a 
noted  piratical  establishment,  &c.  ? 

A.  He  said  it  had  been  noted  as  a  place  of  deposit  for  stolen 
goods,  and  that  he  had  once  before  found  goods  there,  which  had 
been  stolen. 

Q.  By  same  Are  you  acquainted  with  the  situation  of  Naguaba 
and  Boca  del  Inferno,  on  the  coast  of  Porto  Rico ;  and  how  far  are 
they  respectively  from  Faxardo  and  Ponce  ? 

j9.  Naguaba  is  about  20  miles  from  Faxardo,  and  Boca  del  Inferne 
about  15  miles  from  Ponce — between  Naguaba  and  Ponce. 

Q.  By  same  Were  those  places,  (Boca  del  Inferno,  and  Nagu- 
aba) also  notorious  as  piratical  haunts  ? 

A.  Both. 

Thomas  B.  Barton,  a  Lieutenant  in  the  marine  corps  of  the  Uni- 
ted States,  being  sworn  according  to  law,  deposes  and  says  : 

I  was  on  board  the  Grampus,  as  passenger,  for  Thompson's  Island 
On  the  14th  November  last,  about  8  o'clock  in  the  morning,  the 
Grampus  and  Beagle,  with  the  boats  of  the  Adams,  entered  the  bar 
bour  of  Faxardo.  The  Grampus  came  to  anchor  opposite  a  two- 
gun  battery,  at  which  time  1  could  plainly  perceive  fifteen  or 
twenty  persons  in  the  battery,  loading  the  guns  and  training  them 
towards  the  Grampus.  I  immediately  after  received  orders  to 
proceed  in  the  launch  with  Lieut.  Pendergrast,  first  [It.jof  the  Gram- 
pus, with  fourteen  marines,  the  guard  of  the  Grampus  ;  Lieutenant 
Pendergrast  received  orders  from  Commodore  Porter  to  proceed  in 
the  direction  of  the  two-gun  battery,  with  as  little  hazard  as  possi- 
ble, and  take  the  fort,  spike  the  guns,  and  destroy  the  ammunition. 
We  pulled  off  from  the  Grampus,  from  1-2  past  8  to  9  o'clock.  The 
people  in  the  fort  were,  at  the  time,  endeavouring  to  get  the  guns 
of  the  first  to  bear  upon  the  launch.  The  course  of  the  boat  was 
altered,  which  prevented  them  from  bringing  the  guns  to  bear  upon 
49 


386 

us.     They  motioned  with  tlaeir  bands  for  us  not  to  proceed.      We 
succeeded  in  reaching  the  rear  of  the  fort  and  landed  ;  and  then,  in 
reaching  the   fort,  situated  about  80  feet  above  the  level  of  the 
ocean.     Just  at  the  edge  of  the  fort,  we  saw  about  three  or  four  of 
the  Spaniards — the  rest  had  run. 

We  immediately  spiked  the  guns,  and  destroyed  the  ammunition, 
consisting  of  one  round  shot,  one  charge  of  powder,  and  a  canister  of 
small  grape,  musket  balls  and  spikes.  One  gun  was  charge^  the 
other  about  half  loaded,  it  had  powder  and  ball,  but  the  canister 
was  not  in  it,  both  of  them  primed,  and  each  having  a  lighted  match 
along  side. 

Agreeably  to  our  orders,  we  immediately  proceeded  down  to  the 
beach,  followed  the  motions  of  Commodore  Porter  who  had  first 
landed  with  ihe  troops  and  sailors  on  the  beach,  near  the  road  lead- 
ing to  the  town  of  Faxardo.  On  our  arrival  on  the  beach,  Commo- 
dore Porter  ordered  me  to  remain  in  the  rear  to  protect  the  boats 
at  the  landing.  1  had  from  twenty  to  twenty-five  men,  including 
marines  and  sailors.  I  was  particularly  ordered  not  to  suffer  a  sin- 
gle person  under  my  command  to  commit  depredations  on  persons 
or  property.  The  troops  under  the  Commodore  a  short  time  af- 
ter, marched  off  on  the  road  leading  to  the  town  of  Faxardo.  After 
an  absence  of  about  from  two  to  four  hours,  the  main  body  returned; 
after  receiving  some  refreshments  on  the  beach,  we  were  ordered 
to  re-embark  for  the  Grampus  and  Beagle.  Whilst  on  our  way  to  the 
vessels,  I  could  discover  ei^ht  or  ten  men  in  the  fort  endeavouring 
to  draw  the  spikes  out  of  the  guns,  but  they  could  not  succeed.  We 
got  on  board,  and  proceeded  immediately  out  of  the  harbour. 

Q.  At  what  time  was  Lieut.  Stribling  despatched  with  the  flag  of 
truce  ? 

Jl.  I  do  not  know.  I  believe  that  when  we  landed  on  the  beach, 
both  he  and  Lieut.  Crabbe  were  on  their  way  towards  the  town. 

Q.  Were  the  Spaniards  whom  you  saw  in  the  battery  armed  ? 

.#.  They  had  no  small  arms  1  believe. 

Elnathan  Judson,  a  surgeon  in  the  Navy  of  the  United  States,  being 
duly  sworn  according  to  law,  deposes  and  says  : 

Q.  By  Captain  Porter.  Do  you  recollect  a  conversation  between 
Mr.  Platt  and  myself,  when  we  first  landed  at  the  harbour  of  Faxardo, 
respecting  the  omission  of  Mr.  Platt  to  bring  Mr.  Bedford  on 
shore  ;  and  my  reply  to  his  apology  for  the  omission,  that  we  must 
first  inquire  for  the  goods,  and  if  found,  we  might  send  for  Mr.  Bed- 
ford to  identify  them,  or  any  thing  to  that  effect  ? 

A.  I  recollect  a  conversation  to  that  effect. 

Lieut.    Platt  again  called. 

Q.  By  Captain  Porter.  Have  you  any  recollection  of  asking  the 
interpreter  in  presence  of  the  Alcalde  and  myself,  whether  the  goods 
you  first  came  in  search  of  had  been  found,  and  what  was  his  answer  ? 

A.  I  recollect  perfectly  well  asking  the  question.     It  was   after 


387 

the  Commodore   had  been  invited  up  to  the  village.     He  told  me 
he  was  not  aware  of  any   discovery   having    been   made.     I  xvas  at 
the  time  in  company  with  the  Commodore,  and  within  his  hearing. 
The  Court  adjourned  till  10  o'clock,  to-morrow  morning. 

WEDNESDAY,  JULY  13th. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent all  the  members  of  the  Court,  the  Judge  Advocate,  and  Captain 
Porter. 

The  proceedings  of  yesterday  were  read.  The  Judge  Advocate 
then  read  and  submitted  to  the  Court  the  following  documents. 

Instructions  to  Commodore  Porter,  dated  February  1,  1823, 
marked  (4.) 

Commodore  Porter  to  Secretary  of  the  Navy,  dated  Nov.  15th, 
1824,  marked  (5.) 

Lieut.  Platt  to  Commodore  Porter,  dated  November  11,  1824, 
marked  (No.  6.) 

Stephen  Cabot  to  Commodore  Porter,  dated  November  12th, 
1824,  marked  (No.  7.) 

Bergeest  and  VVhlhorn  to  Commodore  Porter,  dated  Nov.  llth, 
1824,  marked  (No.  8.) 

The  Judge  Advocate  stated  that  he  had  no  further  evidence  to 
lay  before  the  Court  in  support  of  the  first  charge  and  specification 
under  it.  Captain  Porter,  by  his  Counsel,  submitted  to  the  Court  a 
certain  paper  hereunto  annexed  and  marked  (I.)  Whereupon  the 
Court  was  cleared  to  deliberate  upon  the  same. 

After  mature  deliberation,  the  Court  determined  that  it  would  re- 
ceive any  communication  from  the  Counsel  of  Capt.  Porter  in  sup- 
port of  the  exceptions  which  he  had  taken  to  the  second  charge  and 
the  specifications  thereof;  but  that  all  such  communications  must 
be  submitted  in  writing:  the  Court  also  wishes  that  the  same  be 
presented  with  as  little  delay  as  possible,  and  after  receiving  them, 
the  Court  will  proceed  to  deliberate  upon  the  same. 

The  Court  being  opened,  the  foregoing  resolution  of  the  Court 
was  announced  to  the  accused. 

The  Counsel  for  the  accused  then  applied  for  time  till  to-morrow 
morning;;  whereupon,  the  Court  adjourned  till  to-morrow  morning,  at 
10  o'clock. 

THURSDAY,  JULY  HTH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  minutes  of  the  proceedings  of  yesterday  were 
read.  Captain  Porter  handed  to  the  Court  a  letter  from  Mr.  Jones, 
his  Counsel,  stating  that  a  severe  indisposition  would  prevent  him 
from  attending  before  the  Court  to-day.  Capt.  Porter  requested 
the  further  indulgence  of  the  Court  till  to-morrow  ;  whereupon 
the  Court  adjourned  till  to-morrow  morning,  at  10  o'clock. 


388 

FRIDAY,  JULY  15xir. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  minutes  of  the  proceeding?  of  yesterday  were 
read. 

The  Counsel  of  Captain  Porter  then  proceeded  to  state  to  the 
Court  the  objections  to  the  second  charge  and  specifications  there- 
of, which  he  stated  had  been  drawn  up  with  great  haste,  and  while 
labouring  under  great  indisposition,  and  would  require  to  be  fairly 
transcribed  before  the  paper  could  be  annexed  to  the  record.  This 
he  promised  to  have  done,  and  to  transmit  the  paper  to  the  Judge 
Advocate. 

The  Court  was  cleared,  and  having  come  to  the  resolution  that  it 
could  not  act  upon  the  paper  read  by  the  Counsel  until  it  was  laid 
before  the  Court,  it  would  take  no  order  on  the  subject  until  that 
was  done  ;  whereupon  the  Court  was  opened,  and  adjourned  till  12 
o'clock,  to-morrow. 

SATURDAY,  JULY  IGrn. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday,  and  at 
four  o'clock  the  Counsel  for  Captain  Porter  presented  the  paper 
which  contained  the  objections  read  yesterday,  and  the  Court  ad- 
journed till  ten  o'clock  on  Monday  morning. 

MONDAY,  JULY  18™. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday  :  pre- 
pent,  all  the  members,  the  Judge  Advocate,  and  Captain  Porter. 

The  minutes  of  the  proceedings  of  Saturday  were  read.  The 
paper  sub'initteil  to  the  Court  on  Saturday.  WHS  read  by  the  Coun- 
sel for  Captain  Porter,  and  annexed  to  the  record,  and  marked  (K  1,) 
After  hearing  the  same,  the  Court  was  cleared,  and  it  was  deter- 
mined that  the  Court  would  receive  the  remarks,  which  the  Judge 
Advocate  had  been  requested  to  prepare,  with  open  doors,  and 
would  then  proceed  to  deliberate  upon  the  questions  that  had  been 
raised. 

The  Court  being  opened,  and  the  foregoing  re.=olution  announced, 
the  Judge  Advocate  proceeded  to  read  his  reply  to  the  objections 
that  had  been  urged  on  behalf  of  the  accused,  which  was  annexed 
to  the  record,  and  marked  (K  2.)  Whereupon  the  Court  was  cleared, 
and  after  some  time  spent  in  deliberation,  the  Court  was  opened, 
and  the  following  resolution  announced  : 

The  Counsel  for  Captain  Porter,  after  pleading  generally,  not 
guilty,  under  protest,  and  reserving  a  right  at  any  future  stage  of  the 
trial,  to  take  exceptions  to  the  form  and  validity  of  the  charges  and 
specifications,  or  any  of  them  ;  has  now  excepted  to  the  second 
charge  and  specifications  thereof,  insisting  that  the  same  are  defec- 
tivt-  in  form,  and  that  the  facts  therein  set  forth,  do  not  constitute 
any  military  offence,  of  which  a  Court  Martial  can  take  cognizance. 


389 

It  being  a  matter  of  doubt,  among  some  of  the  members  of  the  Cour't 
and  the  Judge  Advocate,  whether  a  decision  upon  this  question 
would  necessarily  involve  a  final  decision  of  the  case,  and  preclude 
the  accused  from  proceeding,  under  the  plea  of  Not  Guilty,  to  of- 
fer any  evidence  in  the  case,  and  should  the  Court  decide  that  it 
can  take  cognizance  of  the  charge,  &c.  it  being  highly  desirable 
thai  the  whole  case  should  be  fully  investigated.  The  Court  is  de- 
sirous of  obtaining  the  opinion  of  the  Attorney  General  upon  the 
following  questions. 

1st.  Whether  the  second  charge,  and  the  specifications  thereof, 
are  drawn  up  with  sufficient  precision,  and  in  legal  form,  and  whe- 
ther the  facts  therein  set  forth,  do  allege  offences,  cognizable  before 
a  Court  Martial? 

2nd.  Whether  the  decision  of  the  Court,  upon  the  exceptions 
taken,  necessarily  preclude  the  Court  from  calling  upon  the  accu- 
sed to  plead,  absolutely  to  the  said  charge  and  specifications,  and 
proceeding  to  trial  thereon,  or  whether  such  decision  will  be  final, 
notwithstanding  any  waiver  by  the  Judge  Advocate,  of  such  con- 
sequence ?  And  that  the  same  be  transmitted  to  the  Secretary  of 
the  Navy,  with  a  request,  that,  he  submit  the  same  to  the  Attor- 
ney General  of  the  United  States,  for  his  opinion  thereon. 

Commodore  Porter,  having  heard  the  order  of  the  Court,  refer- 
ring certain  questions  to  the  Attorney  Gener.il,  would  renew  the 
application,  suggested  the  other  day  by  his  Counsel,  to  reply  in 
writing,  to  the  answer  of  the  Judge  Advocate,  to  his  objections, 
against  the  second  charge,  and  the  specifications  of  the  same  ;  if 
the  questions  are  to  be  submitted  to  the  Attorney  General,  accom- 
panied by  the  arguments,  that  have  been  submitted  to  this  Court, 
on  both  sides  of  the  question. 

The  Court  was  cleared,  to  deliberate  upon  the  application,  and 
after  some  time,  the  Court  was  opened,  and  Captain  Porter  was  in- 
formed, that  the  Court  had  decided  not  to  receive  any  rejoinder  ? 

The  Court  thereupon  adjourned  till  2  o'clock,  to-morrow. 

TUESDAY,  JULY   19TH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  proceedings  of  yesterday  were  read. 

The  Judge  Advocate  stated  to  the  Court,  that  he  had  communi- 
cated to  the  Secretary  of  the  Navy,  the  resolution  of  the  Court,  on 
yesterday,  with  the  questions  annexed  to  the  same  ;  and  that  he 
had  just 'received  from  the  Secretary  of  the  Navy,  certain  docu- 
ments, which  were  read,  annexed  to  the  record,  and  marked,  L. 
M.  and  N. 

After  reading  the  same,  Captain  Porter  stated  to  the  Court  that, 
with  a  view  of  preventing  any  unnecessary  trouble  or  difficulties, 
he  would  withdraw  the  exceptions  that  has  been  urged  on  his  be- 
half, to  the  second  charge  and  specifications,  which,  with  the  per- 
mission of  the  Court,  should  be  done  to-morrow,  in  writing,  ami 


390 

liiat  he  would  then  state  the  consideration*  by  which  he  was  guided. 
To  this  proposition  the  Court  acceded.  Whereupon  the  Court  ad- 
journed till  10  o'clock,  to  morrow  morning. 

WEDNESDAY,  JULY  20™,  1825. 

The  Court  met  pursuant  to  adjournment  of  yesterday  :  present, 
all  the  members  of  the  Court,  the  Judge  Advocate,  and  Captain 
Porter.  The  proceedings  of  yesterday  were  read. 

Captain  Porter  stated  to  the  Court,  that  he,  being  very  much  in- 
disposed, would  ask  permission  of  the  Court  to  read,  by  his  Coun- 
sel, the  paper  to  which  he  had  referred  yesterday  ; — to  this  the 
Court  acceded — and  Mr.  Jones,  the  Counsel  for  Captain  Porter, 
commenced  reading  the  same. 

While  proceeding  to  read  it,  the  Judge  Advocate  stated,  that  he 
considered  a  part  of  the  paper  as  objectionable,  inasmuch,  as  it  was 
a  comment  upon  the  reply  read  by  him,  to  the  exceptions  which 
had  been  taken  to  the  charge  and  specifications,  and  to  which 
the  Court  had  already  announced  its  determination  to  receive  no 
rejoinder.  Whereupon,  the  Court  was  cleared,  to  deliberate  upon 
the  question  :  and  after  maturely  examining  and  considering  the 
paper  submitted,  the  Court  is  of  opinion,  that  all  that  part  of  the 
same,  commencing  on  the  second  page,  with  the  words,  "  I  beg 
leave  further  to  state,  "  and  terminating  at  the  bottom  of  the  fourth 
page  ;  and  the  passage  commencing  on  the  fifth  page,  with  the 
words,  "whether  it  may  hereafter  "  and  terminating  at  the  end  of 
the  first  paragraph  on  the  sixth  page,  is  objectionable,  on  the 
ground  stated,  and  as  not  pertinent  to  any  matter  or  question  now 
before  the  Court,  for  its  consideration,  and  consequently  cannot  be 
received.  Whereupon,  the  Court  was  opened,  and  the  foregoing 
proceedings  read  by  the  Judge  Advocate.  The  Counsel  lor  cap- 
tain Porter  then  proceeded  to  read  to  the  Court,  the  paper,  as  re- 
ceived by  the  Court,  which  was  annexed,  and  marked  (O.) 

The  Judge  Advocate  then  read  and  submitted  to  the  Court,  the 
following  documents,  referred  to  in  the  first  specification  of  the 
second  charge. 

1st.  Copy  of  a  letter  from  Captain  Porter  to  the  President  of  the 
United  States,  dated  March  17th,  1825,  certified  by  the  Chief  clerk 
of  the  Navy  Department,  to  be  a  true  copy  from  the  original,  filed 
io  that  Department.  The  Counsel  for  the  accused,  objected  to  the 
production  of  the  certified  copy  of  the  letter  to  the  President,  and 
required  the  production  of  the  original,  which,  as  he  stated,  ap- 
pears to  be  in  the  Navy  Department ;  he  further  stated,  that  Cap- 
tain Porter  believed,  that  a  variance  existed  between  the  copy  of- 
fered and  the  original,  as  to  the  date.  The  Court  was  cleared,  and 
after  some  time  spent  in  deliberation,  was  re-opened,  and  the  deci- 
sion of  the  Court  was  read,  that  the  copy  certified  by  the  Chief 
rlerk  of  the  Department  was  not  admissible  in  evidence.  Cap- 
tain Porter  then  presented  the  following  minute  of  explanation. 


391 

Captain  Porter  begs  leave  to  explain,  that  bis  call  for  the  origi- 
nals, though  founded  on  one  of  the  most  indispensable  rules  of 
evidence,  which  requires  the  best  evidence  the  nature  of  the  case 
admits,  was  not  intended  to  stop  the  reading  of  the  copies  "  de 
bene  esse  ;"  with  an  understanding  and  proviso,  that  the  originals, 
if  extant,  shall  be  produced  :  he  observes  some  discrepancies  be- 
tween the  copies  offered  and  his  own  ;  and  therefore  wishes  that 
exact  accuracy  shall  be  obtained  by  the  production  of  the  originals  ; 
which  he  understands  can  be  done  without  any  inconvenience,  since 
they  appear  to  be  among  the  archives  of  the  Navy  Department. 

The  Judge  Advocate  then  called  upon  Captain  Porter  to  produce 
a  certain  correspondence  between  himself  and  Mr.  Monroe,  late 
President  of  the  United  States,  bearing  date  the  10th  and  12th 
days  of  March,  1825,  being  two  notes  from  Captain  Porter  ot 
the  aforesaid  dates,  to  Mr.  Monroe,  and  one  note  from  Mr.  Mon- 
roe, dated  the  12th  March,  and  such  other  note  from  Mr.  Monroe, 
if  any  other  there  be,  referred  to  in  a  letter  from  said  Captain 
David  Porter  to  the  Secretary  of  the  Navy,  dated  April  13,  1825. 
He  further  stated,  that  the  Counsel  for  Capt.  Porter,  and  Captain 
Porter  himself,  had  been  notified  on  the  8th  July,  instant,  to  produce 
the  aforesaid  papers  on  the  trial  of  this  case. 

To  this  application,  Capt.  Porter  made  the  foil o\v ing  answer  : — 
In  answer  to  the  call  made  by  the  Judge  Advocate  for  the  produc- 
tion of  a  certain  correspondence,  between  Cap.  Porierand  Mr.  Mon- 
roe, late  President  of  the  United  States,  dated  on  the  10th  and  12lh 
days  of  March  last ;  being  two  notes  from  Capt.  Porter  of  the  afore- 
said dates  to  Mr.  Monroe,  and  one  from  Mr.  Monroe,  dated  on  the 
12th,  he  remarks,  from  the  reference   to  dates,  after  Mr.  Monroe 
had  ceased  to  be   President  of  the   United  States,  that  a  corres- 
pondence   merely    private   and  unofficial,    is   what  this  call   pur- 
ports to  have  designated.     He  conceived  the   specifications  vague 
and  uncertain  enough,   when  it   accused    him  of  the  \vriting  of  in- 
subordinate and  disrespectful  letters,  of  which,  neither  the  iden- 
tity  nor  the  exceptionable   passages    were    pointed    out ;    other- 
wise   than  by  a  naked   reference  to   dates  ;  but   now,   letters   to 
which  not  one  of  the  specifications  purport  to  bear  the  remotest 
reference,  are  called  for.     Capt    Porter,  in  answer  to  this  call, 
has  only  to  say,  that  it  is  incumbent  on  the  Judge  Advocate  in  the 
first  instance,  to  shew  the  relevancy  of  this  correspondence  to  the 
matter  in  issue,  which  of  course  will  include  the  kindred  question. 
By   what  right  is  the  private  and  unofficial  correspondence  of  the 
accused  to  be  subjected  to  this  inquisitorial  power?     Is  he  to  be 
compelled  to  disclose  his  private  correspondence,  merely  to  have  it 
examined  to  see  whether  it  contain  any  criminating  matter  ?     And  it 
it  should  be  subjected  to  this  inquisitorial  power,  and  should  appear 
to  have   been  so  offensive  in  its  language,  is   it  to  be  contended 
that  he  could  be  called    to  account  before  this  Court,    for  any 
offence  that   could   be    taken  at  an  unpublished  correspondence  '.' 
But  he  has  this  only  to  remark,  in  conclusion,  that  as  Mr.  Monroe 
is  a  party  to  the  alleged  correspondence,  is  the  depository  of  a  part 


392 

or  the  whole  of  it,  and  of  course  is  entitled  to  all  the  inviolate  sanc- 
tions of  a  private  correspondence  ;  when  he  shall  give  up  his  part 
of  it  to  the  prosecution,  or  when  it  shall  be  authentically  certified 
to  Capt.  Porter  that  Mr.  Monroe  desires  the  disclosure  of  it,  (hen 
it  will  be  time  enough  to  call  upon  Captain  Porter  to  decide  on  the 
expediency  of  surrendering  such  parts  of  the  correspondence  as 
may  be  in  his  hands  ;  but  he  reverts  to  the  original  question,  and 
demands  from  the  Judge  Advocate  an  explanation,  under  what  spe- 
cification, and  for  what  purpose  this  newly  designated  correspon- 
dence, prima  facie,  so  foreign  to  any  thing  in  the  matter  of  the  ac- 
cusation, is  to  be  offered  in  evidence  ? 

The  Judge  Advocate  then  called  upon  the  Court  for  permission 
to  issue  interrogatories,  to  take  the  deposition  of  Mr.  Monroe.  The 
Court  was  cleared  to  consider  this  question,  and  it  determined  that 
the  deposition  of  Mr.  Monroe,  may  be  taken  upon  interrogatories. 
Whereupon  the  Judge  Advocate  was  directed  to  prepare  his  inter- 
rogatories, and  to  submit  the  same  to  the  accused,  who  shall  be  at 
liberty  to  file  cross  interrogatories,  if  done  without  delay,  and  that 
the  same  be  transmitted  to  the  witness  with  a  request  that  he  answer 
the  same,  and  swear  to  such  answers  before  any  judge,  magistrate, 
or  notary  public,  and  that  the  same  be  deemed  a  sufficient  authenti- 
cation of  such  evidence.  Whereupon,  the  Court  was  opened,  and 
this  decision  announced. 

Capt.  Porter  having  heard  the  order  read,  directing  the  deposi- 
tion of  Mr.  Monroe  to  be  taken,  on  interrogatories,  as  well  on  the 
part  of  the  Judge  Advocate  as  of  the  accused,  suggests,  that  before 
he  can  frame  any  interrogatories  on  his  part,  discreetly  pointing  to 
the  gist  of  the  accusation,  which  the  correspondence  before  alluded 
to,  between  himself  and  Mr.  Monroe,  or  the  deposition  of  the  latter, 
may  be  cited  to  support  it,  will  be  necessary  for  the  requisition 
upon  the  Judge  Advocate,  contained  in  Capt.  Porter's  answer  to 
the  call  for  the  said  correspondence,  to  be  complied  with  ;  namely, 
to  declare,  specifically,  the  purpose  and  object  of  offering  the  said 
correspondence  in  evidence  ;  and  the  particular  point  of  the  accu- 
sation to  which  it  is  supposed  to  relate.  Capt.  Porter  begs  leave 
further  to  suggest,  that  the  interrogatories  to  be  exhibited  to  Mr. 
Monroe,  on  the  part  of  the  prosecution,  will  probably  only  go  to 
the  authentication  of  the  supposed  correspondence  which  can  of 
course,  afford  no  clue  to  divine  the  purpose,  or  the  gist  of  the  ac- 
cusation, for  which  the  correspondence  is  wanted. 

The  Judge  Advocate  inquired  whether  the  foregoing  was  designed 
as  an  application  to  the  Court ;  to  which  the  Counsel  of  Capt.  Por- 
ter replied,  that  it  was  an  application  to  him.  The  Judge  Advocate 
then  remarked  that  he  must  answer  in  the  negative,  and  decline 
going  into  any  specification.  It  was  then  said  by  the  Counsel  for 
the  accused,  it  would  be  deemed  an  application  to  the  Court. 

The  Court  was  cleared  to  deliberate  upon  the  application  on  the 
part  of  the  accused,  and  when  it  was  opened,  it  wa?  announced  that 
the  application  is  not  complied  with. 

The  Court  then  adjourned  till  11  o'clock,  to-morrow  morning. 


393 
THURSDAY,  JULY  Slsr. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter. 

The  proceedings  of  yesterday  were  read.  The  Judge  Advocate 
then  proceeded  to  read,  (it  being  admitted  that  the  original  is  in  the 
handwriting  of  Captain  Porter,)  the  original  letter  from  Capt.  Por- 
ter to  the  President  of  the  United  States,  and  it  appearing  that  the 
same  corresponded  with  the  certified  copy  which  was  offered  yes- 
terday, with  the  exception  that  the  word  President  was  written  at 
full  length  in  the  one,  and  Prest.  in  the  other  ;  that  Mr  Randall's 
name  was,  in  the  original,  spelled  with  one  /,  and  with  two  in  the 
copy;  and  that  the  date  of  the  original  was,  April  17th,  1825,  and 
that  of  the  copy,  17  April,  1825.  The  variations  were  corrected, 
and  the  copy  annexed  to  the  record,  and  marked  (5.)  The  Judge 
Advocate  stated  that  he  had  left  the  documents,  which  it  was  de- 
signed to  exhibit  in  evidence,  at  the  Navy  Department,  with  a  re- 
quest that  they  might  be  particularly  compared  with  the  originals, 
and  that  they  should  be  brought  down  by  a  witness,  prepared  to 
swear  to  their  accuracy. 

The  Judge  Advocate  further  stated,  that,  at  the  opening  of  the 
Court,  this  morning,  he  had  submitted  to  the  counsel  for  the  accu- 
sed, the  interrogatories  to  be  propounded  to  Mr.  Monroe,  for  the 
purpose  of  having  the  cross  interrogatories  annexed  thereto,  and 
that  it  was  important  to  have  the  same  completed,  that  they  might 
be  transmitted  without  delay  ;  the  counsel  for  the  accused  replied 
that  he  had  been  unable  to  complete  the  same,  but  would  have  it 
done  by  the  opening  of  the  Court  in  the  morning. 

Captain  Porter  then  submitted  to  the  Court  the  following  paper  : 

Captain  Porter  having  been  this  day,  after  the  meeting  of  the 
Court,  served  by  the  Judge  Advocate  with  a  copy  of  his  interroga- 
tories to  Mr.  Monroe,  to  which  he  perceives,  is  annexed  the  origi- 
nal correspondence,  alluded  to  in  the  call  made  upon  Capt.  Porter 
by  the  Judge  Advocate  yesterday  ;  that  is,  the  original  letters  of 
Capt.  Porter,  of  the  10th  and  12th  of  March  last,  and  the  rough 
draught  of  Mr.  Monroe's  answer,  of  the  /2th,  which  dispenses  Capt. 
Porter  from  any  delicacy  in  saying  that  he  admits  the  authenticity 
of  the  said  letters  ;  but  being  still  uninformed  of  the  purpose  in- 
tended by  the  introduction  of  the  same,  reserves  all  proper  objec- 
tions to  the  relevancy  and  admission  of  the  same  as  evidence,  when 
the  same  shall  be  offered  as  such  evidence. 

The  Court  having  continued  in  session  until  near  three  o'clock, 
and  no  witness  having  appeared,  the  Court  adjourned  till  10  o'clock, 
to-morrow  morning. 

FRIDAY,  JULY  22o. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  CaptaiR 
Porter  ;  the  proceedings  of  yesterday  were  read. 
50 


394 

John  Boyle,  a  witness,  being  called,  and  duly  sworn,  according 
to  law,  deposes  and  says  : 

Q.  Are  you  a  clerk  in  the  Navy  Department  ? 

A.  I  am. 

Q.  Have  you  carefully  compared  the  papers,  now  shewn  you, 
with  the  originals  on  file  in  that  Department,  and  are  they  exact 
copies  ? 

Jl.  I  assisted  in  the  examination  of  the  papers  :  all  those  from 
Commodore  Porter  were  compared  with  the  originals — those  to  him 
were  compared  with  the  records  in  the  Department.  The  origi- 
nals of  these  letters  were  transmitted  to  Capt.  Porter.  I  believe 
them  to  be  true  copies. 

The  Judge  Advocate  then  proceeded  to  read  the  following  docu- 
ments : 

1st.  The  residue  of  the  letters  referred  to  in  the  1st  specifica- 
tion of  the  2d  charge,  (marked)  6,  7,  8,  9. 

2d.  The  pamphlet  referred  to  in  the  2d  specification,  (No.  11,) 
with  the  letter  transmitting  the  same  to  the  Secretary  of  the  Navy, 
(10,)  the  publication  of  the  pamphlet  being  admitted,  the  accused 
submitted  to  the  Court  his  cross  interrogatories,  accompanied  by  i\ 
protest.  The  Judge  Advocate  stated  to  the  Court,  that  an  asser- 
tion was  contained  in  (hat  protest,  in  the  following  words  :  "  Hav- 
ing repeatedly  called  upon  the  Judge  Advocate  for  some  precise 
specification  of  the  circumstances,  wherein  the  supposed  guilt  im- 
plied by  the  accusation  under  the  head  of  the  2d  charge  consists  ;" 
that  this  assertion  contains  the  first  intimation  he  has  ever  received 
of  such  application.  He  wished  also  the  opinion  of  the  Court,  whe- 
ther the  protest  should  be  transmitted  to  Mr.  Monroe,  with  the  in- 
terrogatories. The  Court  was  cleared,  and  when  it  was  opened, 
the  opinion  of  the  Court  was  announced,  that  such  protest  was  not 
proper  to  transmit  to  the  witness,  but  that  the  same  may  be  annex- 
ed to  the  record,  which  was  accordingly  done,  and  marked  (12.) 

The  reading  of  the  pamphlet  continued  until  half  after  three 
o'clock^  when  the  Court  adjourned  till  ten  o'clock,  to-morrow 
morning. 

SATURDAY,  JULY  23D. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter. 

The  proceedings  of  yesterday  were  read. 

The  Judge  Advocate  stated,  that  the  interrogatories  and  cross 
interrogatories,  submitted  yesterday,  had  been  put  in  the  way  of 
going  to  Mr.  Monroe,  without  delay,  accompanied  by  a  letter  urging 
his  immediate  reply,  and  pointing  out  the  mode  in  which  the  depo- 
sition should  be  authenticated,  which  letter  had  been  previously 
submitted  to  the  accused  and  his  counsel. 

The  reading  of  the  pamphlet  was  continued  and  concluded. 


395 

The  Judge  Advocate  then  proceeded  to  point  out  the  particulars 
in  which  the  statement  of  the  proceedings  of  the  Court  of  Inquiry 
was  deemed  incorrect ;  and  submitted  a  copy  of  the  original  record 
of  the  proceedings  of  the  Court  of  Inquiry,  which  was  compared 
with  the  original  record  in  the  presence  of  the  Court — annexed  and 
marked  No.  13.  The  Judge  Advocate  stated  that  he  would  parti- 
cularly state  such  variances  in  writing. 

The  Judge  Advocate  then  submitted  to  the  Court  the  National 
Journal  of  June  16th,  1825,  containing  a  publication  which  Captain 
Porter  admitted  to  be  his,  under  date  of  June  15th,  1825,  annexed 
and  marked  No.  14. 

Th%  Court  then  adjourned  till  ten  o'clock  on  Monday  morning. 

MONDAY,  JULY  25TH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Capt. 
Porter.  The  proceedings  of  Saturday  were  read.  The  Judge 
Advocate  stated  that  he  had  received  no  answer  from  Mr.  Monroe 
but  expected  to  have  it  in  the  course  of  the  day.  The  Judge  Ad- 
vocate proceeded  to  read  his  note  of  all  the  variances  which  he 
had  discovered  between  the  original  record  and  the  proceedings  of 
the  Court  of  Inquiry  as  published  by  Capt.  Porter,  which  was  an- 
nexed and  marked  (15.)  A  paper  was  read  by  the  Judge  Advo- 
cate, containing  a  statement  of  certain  facts,  agreed  to  by  both 
sides,  dispensing  with  the  attendance  of  witnesses  to  establish  them, 
which  was  also  annexed  and  marked  (16.) 

William  W.  Seaton,  Esq.  being  duly  sworn  according  to  law,  de- 
poses and  says  : 

Q.  Are  you  one  of  the  editors  of  the  National  Intelligencer  ' 

A.  Yes. 

Q.  Is  the  paper  now  shewn  you,  of  March  30th,  1825,  one  of  the 
numbers  of  that  paper  from  your  office  ? 

A.  Yes. 

Q.  From  whom  were  the  official  documents  therein  printed  pro- 
cured, purporting  to  be  from  the  Secretary  of  the  Navy  to  Com- 
modore Porter,  and  from  Commodore  Porter  to  the  Secretary  of 
the  Navy,  being  four  in  number  ? 

A.  The  shortest  and  most  acceptable  way  of  answering  the  ques- 
tion, will  be  to  read  a  correspondence  between  the  Secretary  of 
the  Navy  and  ourselves  upon  this  subject,  which  will  shew  what 
answer  I  am  prepared  and  willing  to  give. 

[The  Court  was  cleared,  and  decided  that  it  would  accede  to  the 
request  of  the  witness,  and  hear  the  letters  read,  to  which  he  had 
referred,  and  being  opened,  this  decision  was  announced  ] 

The  letters  referred  to  were  then  read,  annexed,  and  marked 
17,  18, and  19. 

I  am  not  willing  for  the  reasons  stated  in  the  letters  read,  to  give 
any  other  answer  than  that  which  we  gave  to  the  Secretary  of  the 


396 

Navy.  The  President  of  the  Court  having  directed  the  Court  to 
be  cleared,  the  accused,  by  his  counsel,  stated  that  perhaps  the  dif- 
ficulty might  be  obviated,  and  read  and  submitted  to  the  Court  the 
following  paper  : 

Captain  Porter,  having  heard  the  evidence  of  Mr.  Seaton,  and 
the  correspondence  between  Messrs.  Gales  and  Sealon  and  the  Sec- 
retary of  the  Navy,  as  to  the  author  of  the  publication  of  a  certain 
correspondence  between  the  Secretary  of  the  Navy  and  Captain 
Porter,  in  the  National  Intelligencer  of  the  30th  March  last,  and 
perceiving  that  the  witness,  as  editor  of  a  public  Journal,  has  claim- 
ed a  privilege,  as  well  before  this  Court,  as  in  his  correspondence 
with  the  Secretary  of  the  Navy,  to  withhold  the  name  of  tfce  au- 
thor of  any  publication,  not  impeached  of  falsehood,  and  that  the 
Court  is  about  to  deliberate  upon  the  objection  of  the  witness  to 
disclose  the  author  of  the  publication  in  question  ;  Captain  Porter 
has  no  hesitation  to  admit  now,  as  he  would  have  avowed  to  the 
Secretary  of  the  Navy,  if  he  had  pleased  to  have  directed  his  in- 
quiries to  Captain  Porter,  instead  of  the  Printers,  that  he  did  com- 
municate and  cause  to  be  published  in  the  Intelligencer  of  the  30th 
March  last,  the  correspondence  between  himself  and  the  Secretary 
of  the  Navy,  which  that  paper  purports  to  contain. 

The  Judge  Advocate  then  submitted  to  the  Court  the  National 
Intelligencer,  of  March  30th,  1825,  containing  certain  correspon- 
dence between  the  Secretary  of  the  Navy  and  Capt.  Porter,  annex- 
ed and  marked  (20.) 

Peter  Force,  a  witness,  being  duly  sworn  according  to  law,  de- 
poses aud  says  : 

Q.  Are  you  the  editor  of  the  National  Journal  ? 

A.  Yes. 

Q.  Look  at  a  communication  in  your  paper  of  June  16th,  1825. 
From  whom  did  you  receive  that,  and  when  ? 

Ji.  I  received  the  note  and  the  accompanying  documents  from 
Commodore  Porter,  on  the  day  of  the  date  of  it,  June  15th,  1825. 

Q.  Did  any,  and  what  conversation  take  place  between  yourself 
and  Commodore  Porter,  in  relation  to  the  letter  dated  June  14th, 
1825? 

A.  (Commodore  Porter  having,  on  a  suggestion  of  the  witness, 
absolved  him  from  all  obligation  of  secrecy,)  1  read  the  letter  in 
the  presence  of  Commodore  Porter,  and  perceiving  that,  as  I  under- 
stood it,  Com.  Porter  attributed  an  anonymous  communication  which 
had  appeared  in  the  Journal  of  the  13th,  to  the  Secretary  of  the 
Navy  ;  1  informed  Commodore  Porter  that  it  was  not  from  the  Sec- 
retary of  the  Navy,  and  also  told  him  i  was  authorized  by  the 
;mthor  of  the  communication  to  inform  him  by  whom  it  was  written, 
when  properly  requested  so  to  do.  He  replied  by  declining  to  hear 
by  whom  it  was  written.  This  took  place  on  the  15th  June,  when  I 
received  the  communication,  the  day  before  it  was  published  in  the 
newspaper.  At  the  same  time,  I  mentioned  to  Commodore  Porter  that 
Che  anonymous  communication  was  not  by  the  Secretary  of  the 


397 

Navy  ;  he  remarked,  I  think  the  similarity  of  the  language  in  the 
letter  from  him  of  the  13th  June,  (one  of  those  in  that  commu- 
nication,) with  the  anonymous  note  published  in  the  Journal,  was 
sufficient  to  warrant  the  opinion  he  had  formed. 

Cross  Examined  on  the  part  of  the  Accused. 

Q.  When  you  remarked,  in  reference1  to  my  letter  to  the  Secre- 
tary of  the  Navy  of  the  14th  June,  that  1  was  mistaken  in  suppos- 
ing that  the  Secretary  was  the  author  of  the  anonymous  note  re- 
ferred to,  did  I  not  point  out  to  you  the  striking  resemblance  and  cor- 
respondence between  the  date  and  the  language  of  that  note,  and 
the  Secretary's  letter  of  the  13th  June  ? 

A.  \  aai  under  the  impression  that  Commodore  Porter  referred  to 
it,  but  rannot  recollect  whether  he  pointed  it  out. 

Q.  Did  you  not  express  yourself  as  struck  with  these  resemblan- 
ces, in  so  much  that  if  you  had  not  known  the  real  author  of  the 
anonymous  note,  you  might  have  drawn  the  same  conclusion  ? 

A.  No.  I  think  I  expressed  no  opinion  of  the  kind  ;  I  think  I  ob- 
served there  was  a  resemblance. 

Q.  Did  I  not  remark  to  you,  that  whether  the  Secretary  did  or 
did  not  actually  write  or  communicate  the  anonymous  note,  circum- 
stances justified  me  in  concluding,  at  the  time  1  writ  my  letter 
of  the  14th  June,  that  the  note  had  come  from  an  official  source, 
and  had  been  approved  or  countenanced  by  him  ' 

A.  I  think  Commodore  Porter  did  make  such  a  remark  in  sub- 
stance. 

The  Judge  Advocate  stated  that  he  had  now  submitted  to  the 
Court,  all  the  testimony  which  he  proposed  laying  before  it  at  the 
present  stage  of  the  proceedings,  with  the  exception  of  Mr.  Monroe's 
deposition.  Captain  Porter  intimated  his  readiness  to  proceed  with 
the  evidence  on  his  part. 

John  Simpson,  a  witness,  produced  on  behalf  of  the  accused,  de- 
poses and  says  : 

Q.  (By  the  accused.)  Were  you  employed  by  me,  during  the  sit- 
ting of  the  late  Court  of  Inquiry  in  my  case,  to  copy  from  the  Judge 
Advocate's  record,  the  proceedings  ot  the  Court  for  my  use  ? 

A.  I  was. 

Q.  Were  you  furnished  by  the  Judge  Advocate,  with  his  minutes 
of  the  proceedings,  for  the  purpose  of  being  copied  for  me  ? 

A,  I  was. 

Q.  Were  the  copies  which  you  did  make  of  those  minute?,  made 
carefully  and  accurately,  and  word  for  word  with  the  original  as  it 
then  stood  ;  except  the  statement  given  in  the  first  day's  proceed- 
ings, of  what  I  said  in  answer  to  the  question,  whether  1  had  any 
objection  to  offer  against  either  of  the  members  of  the  Court? 

A.  The  copy  I  made  was  a  true  copy. 

Q.  Were  you  present  on  the  first  day  of  the  Court  when  I  sta- 
ted my  objection,  and  did  you  take  particular  notice  of  my  words, 
and  accurately  recollect  them  ? 


398 

jf.  I  do  not  now  recollect  them.  I  took  particular  notice,  and  re- 
collected them  for  some  days  after. 

Q.  Examine  the  two  statements  of  the  terms  of  my  said  objection. 
First,  as  it  appears  at  P.  5.  of  the  copy  of  the  original  record  now 
shown  you  ;  and,  secondly,  as  corrected  at  P.  22  of  the  same  docu- 
ment ;  and  say,  according  to  the  be*t  of  your  recollection  now.  and 
when  the  subject  was  newer  and  fresher  in  your  memory,  which  of 
these  is  the  true  statement  of  the  terms  in  which  I  originally  sub- 
mitted that  objection  ? 

[The  witness  is  here  shown  the  copy  of  the  original  record,  pro- 
duced in  evidence  by  the  Judge  Advocate  on  Saturday  and  those 
passages  of  the  same,  wherein  the  original  minutes  of  Capt.  Porter's 
objection  is  entered,  in  the  proceedings  of  Monday,  May  2d,  and  cor- 
rected in  those  of  the  Thursday  following,  are  designated  for  the 
examination  of  the  witness.] 

A.  I  have  a  recollection  of  this.     The  last  is  the  correct  one. 

Q.  Examine  the  nine  sheets  of  paper  now  shown  you,  and  say 
whether  they  be  the  original  manuscript,  in  your  own  hand-writing, 
of  the  copy  which  you  took,  as  you  have  before  stated,  from  the  mi- 
nutes furnished  you  by  the  Judge  Advocate  ? 

A.  They  are  the  original  manuscript  of  my  copy,  and  are  an  ex- 
act copy  of  the  notes  furnished  me  by  the  Judge  Advocate.  (They 
extend  as  far  as  the  end  of  the  first  paragraph  on  P.  27  of  the  pam- 
phlet.) 

Crow  examined  by  the  Judge  Advocate. 

Q.  Can  you  say  that  no  error  or  omission  was  by  accident  made 
by  you  in  your  copying  ? 

Jl.  I  believe  there  was  not  any. 

Q  Was  the  copy  compared  with  the  original,  and  with  whose  as- 
sistance ? 

J.   I  read  it  over  myself. 

Q.  Look  at  P.  23  of  the  pamphlet,  and  see  whether  the  words 
"  holds  the  highest  commission  which  " — were  not  omitted  by  you 
in  copying  ? 

A.  \  do  not  think  I  omitted  any  thing  in  copying. 

Q.  Look  at  the  paper  handed  you,  and  see  if  it  be  the  original 
paper  from  which  you  took  that  part  of  your  copy  ?  (The  Judge 
Advocate  here  exhibited  to  the  witness  his  original  note  of  this  part 
of  the  proceedings  of  the  Court  of  Inquiry.) 

A.  I  cannot  be  positive. 

Q.  Were  the  papers,  submitted  to  the  Court  of  Inquiry,  by  Capt. 
Porter,  in  your  hand-writing,  exact  copies  of  the  original  ? 

A.  They  were. 

Q.  Did  you  copy  the  latter  part  of  the  paper  marked  B  ;  I  mean 
the  copy  from  which  the  pamphlet  was  published  ? 

A.  I  think  I  copied  it ;  I  am  not  certain. 

Q.  Was  the  copy  furnished  Capt.  Porter  of  that  paper,  an  exact 
transcript  of  the  original  ? 


399 

A.  Yes. 

Q.  Did  Capt.  Porter,  lo  your  knowledge,  ever  compare  or  assist 
in  comparing  your  copy  with  the  original  from  which  it  was  taken  1 

A.  No. 

Q.  Do  you  know  whether  the  original  notes  were  read  to  the 
Court  of  Inquiry,  as  the  record  of  its  proceedings,  or  a  fair  tran- 
script of  the  same  ? 

A.  I  do  not  think  the  original  notes  were. 

Q.  Do  you  know  whether  the  record  read,  was  ever  rectified 
publicly,  as  for  instance,  at  the  request  of  a  witness  ? 

A.  1  do  not. 

Q.  Was  not  a  letter  in  your  hand  writing,  transmitted  to  the 
Court  of  Inquiry,  found  to  be  dated  March  6th,  instead  of  May  6th, 
by  your  mistake  ? 

A.  Yes. 

Q.  Have  you  any  more  confidence  in  the  accuracy  of  the  copies 
which  you  have  now  sworn  to,  than  you  had  in  that  before  the  error 
was  pointed  out  ? 

A.   I  have  more  confidence. 

Q.  Did  you  conceive  it  possible  that  any  inaccuracy  had  been 
committed  on  that  occasion  by  you  in  copying  that  letter,  before 
Capt.  Porter  informed  you  of  the  mistake  in  date,  and  did  you  not 
request  to  see  the  paper  in  your  own  hand-writing,  before  you 
would  believe  that  it  could  have  been  made  ? 

A,  I  did  not  know  that  I  had  committed  the  mistake  until  I  saw  it. 

Re-examined  by  Captain  Porter. 

Q.  Did  I  frequently  enjoin  upon  you,  whilst  engaged  in  copying 
the  minutes  of  the  Court  of  Inquiry,  to  be  very  particular  and  ac- 
curate ;  and  did  you  take  particular  pains  to  be  so  ? 

A.  I  did  take  particular  pains  to  be  so.  Captain  Porter  saw  I 
was  very  particular,  and  I  do  not  know  that  he  made  any  such  re- 
quest of  me. 

Q.  (By  a  member  of  the  Court.)  Are  you  much  in  the  habit  of 
copying  from  M.  S.,  and  were  the  notes  written  in  a  fair,  legible 
hand? 

A.  I  have  copied  a  good  deal,  and  the  notes  from  which  I  copied, 
were  fair  and  legible.  9 

Q.  (Captain  Porter.)  Look  at  the  sheet  of  paper  now  shown 
you,  and  say  whether  it  be  the  same,  or  like  the  hand-writing  of 
the  minutes  from  which  you  copied  ? 

A.  I  think  all  1  copied,  was  in  that  hand  writing;  some  came 
after,  which  I  did  not  copy,  in  a  different  hand. 

It  is  admitted,  that  the  paper  shown,  was  in  the  hand-writing  of 
Mr.  Harrison,  in  whose  hand  also,  the  original  part  of  the  original 
record  is  ? 

Q.  Was  your  transcript  of  my  letter,  in  which  the  mistake  of 
the  date  occurred,  as  above  mentioned,  taken  from  my  rough 


400 

draught,  and  are  my  rough  draughts  generally  written  in  a  fair 
hand,  or  in  a  very  hurried,  rough  way  ? 

A.  1  do  not  recollect  particularly  ;  it  was  very  easily  read. 

I  read  Commodore  Porter's  rough  draughts  very  easily.  I  was 
Captain  Porter's  clerk  about  fifteen  months. 

The  Court  adjourned  till  10  o'clock,  to-morrow  morning. 

TUESDAY,  JULY  26xn. 

The  Court  met  pursuant  to  adjournment  of  yesterday  :  present, 
all  the  members  of  the  Court,  the  Judge  Advocate,  and  Captain 
Porter.  The  proceedings  of  yesterday  were  read. 

John  T.  Ritchie,  a  Lieutenant  in  the  Navy  of  the  United  States, 
a  witness,  produced  on  the  part  of  the  accused,  being  duly  sworn 
according  to  law,  and  examined  by  Captain  Porter,  deposes  and 
says  : 

Q.  Examine  the  four  sheets  of  paper  now  shown  you,  and  say 
in  whose  hand-writing  the  same  are  ? 

[The  witness  is  here  shown  the  manuscript  copy,  from  which 
was  printed  what  is  contained  in  the  pamphlet,  given  in  evidence, 
under  the  second  and  third  and  fourth  specifications  of  the  second 
charge,  from  where  the  manuscript  copy  proved  by  John  Simpson 
yesterday,  ended  on  page  twenty-seven,  to  the  end  of  the  para- 
graph ending  with  the  words  "at  11  o'clock,"  on  page  thirty-two 
of  the  same  pamphlet.] 

A.  The  first  three  are  in  the  hand-writing  of  Mr.  Sarazaa  ; 
the  last  sheet  is  in  the  hand  writing  of  Mrs.  Simpson,  wife 
of  Mr.  John  Simpson,  with  the  exception  of  a  few  words  in  the  lat- 
ter part  of  it,  (of  which  I  have  no  knowledge  ;) — the  word  which  in 
the  fourth  line  from  the  bottom,  and  the  word  being  in  the  third 
line  from  the  bottom  ;  these  words  are  in  the  hand-writing  of  Cap- 
tain Porter. 

Q.  What  was  the  character,  and  in  whose  hand -writing  was  the 
original,  from  which  those  sheets  were  copied  ? 

A.  They  were  part  of  the  proceedings  of  the  Court  of  Inquiry, 
and  in  the  hand-writing  of  the  Judge  Advocate. 

Q.  Did  you  carefully  and  accurately  compare  these  four  sheets, 
with  si  ch  originals,  and  are  they  exact  copies  ? 

Pleas^  state  the  manner  in  which  you  compared  the  copy 
and  the  originals  ;  and  whether  you  are  certain  of  the  accuracy  ot 
the  copy  ? 

A.  I  think  I  read  them  over,  the  first  three  sheets  two  several 
timrs.  First  I  read  the  copy  with  another  person,  (my  wife)  who 
was  looking  over  the  original,  and  afterwards  read  over  the  origi- 
nal, she  having  the  copy.  1  discovered  no  error  throughout.  The 
last  sheets  I  examined  in  the  same  manner,  with  Mrs.  Simpson. 

Q.  What  has  become  of  Mr.  Sarazau  ;  has  he  left  this  part  of 
the  country  ? 

A.  I  believe  he  is  in  the  city  of  Washington,  but  I  have  not  seen 


401 

him  myself  since  soon  after  this  thing  occurred.     Philadelphia  is  hia 
home,  and  he  may  possibly  have  gone  there. 

Cross  Examined  on  the  part  of  the  Judge  Advocate. 

Q.  Do  you  know  whether  Captain  Porter  ever  saw  the  original 
papers,  from  which  the  copy  was  taken  ? 

A.  I  do  not. 

Q.  Would  you  now  recognize  any  ode  of  these  papers  as  such 
original  ? 

A.   I  think  not. 

The  Judge  Advocate  then  read  a  sentence  from  what  he  stated  to 
be  the  original  minute,  furnished  after  the  proceedings  of  Monday, 
May  9th,  and  exhibited  the  paper  to  the  witness. 

Q.  Can  you  not  recollect  this  paper  to  have  been  the  paper  from 
which  the  proceedings  of  that  day  were  copied,  from  the  sealing 
wax  dropped  on  it ;  and  is  the  second  paragraph  in  the  one  an  ex- 
act copy  of  the  other  ? 

A.  I  cannot  identify  the  paper;  on  a  comparison,  there  appears 
an  entire  line  omitted. 

Martin  King,  a  witness  produced  on  the  part  of  the  accused, 
being  duly  sworn  according  to  law,  and  by  him  interrogated,  depo- 
ses  as  follows  : 

Q.  Were  you  at  the  time  of  the  printing  and  publishing  of  my 
pamphlet,  (now  shown  you,)  and  are  you  still  foreman  in  the  Print- 
ing-office of  Davis  &.  Force,  when  that  pamphlet  was  printed  ? 

[The  witness  is  here  shown  the  pamphlet  formerly  given  in  evi- 
dence by  the  Judge  Advocate.] 

A,  I  was  then  and  am  now. 

Q.  Examine  the  thirteen  sheets  of  paper,  writing  now  shown 
you  ;  and  say  whether  they  be  the  identical  copy  from  which  that 
pamphlet,  or  so  much  of  it  as  is  composed  of  that  copy,  was  printed  ? 

[The  witness  is  here  shown  the  same  nine  sheets  of  copy  men- 
tioned in  the  evidence  of  John  Simpson,  and  the  four  sheets  men- 
tioned in  the  evidence  of  Lieutenant  John  T.  Ritchie.J 

A.  I  believe  them  to  be  the  same. 

Q.  Were  the  proof  sheets  of  the  pamphlet,  diligently  and  care- 
folly  compared  with  the  copy,  and  every  typographical  error  that 
was  detected,  carefully  corrected  ;  and  was  this  comparison  made 
both  by  the  proofreader  in  the  Printing-office,  and  by  myself? 

A.  They  were  ;  I  read  them  over  twice,  and  Captain  Porter  read 
them  over  once. 

Question  by  the  Judge  Advocate.  Was  all  the  copy  from  which 
that  pamphlet  was  published,  with  the  notes — marks  to  the  different 
documents  therein  contained,  communicated  by  Captain  Porter  for 
the  purpose  of  printing  that  pamphlet,  and  was  he  satisfied  with  its 
accuary  ? 

A.  No  complaints  were  made  by  him  of  any  want  of  accuracy — 


I  saw  one  or  two  noticed  in  the  public  prints,  such  as  clothes  for  C6 - 
lours,  and  perhaps  one  or  two  others  of  the  same  kind. 

The  accused  then  submitted  to  the  Court,  a  letter  from  R.  S. 
Coxe,  the  Judge  Advocate,  dated  May  21st,  1825,  which  was  read, 
annexed  to  the  record,  and  marked  (21.) 

The  Judge  Advocate  stated  that  he  wished  it  to  appear  on  the  re- 
cord, to  what  application  that  letter  was  an  answer,  and  that  he  was 
desirous  of  exhibiting  before  the  Court,  the  same  statement  in  re- 
gard to  it,  which  he  had  before  submitted  to  Captain  Porter,  annex- 
ed and  marked  (22.) 

William  W.  Seaton  called  by  the  accused.  A  question  was  pro- 
posed to  Mr.  Seaton  on  the  part  of  Captain  Porter.  The  Judge 
Advocate  stated  that  he  felt  great  reluctance  to  interpose  any  diffi- 
culty in  the  way  of  any  investigation  which  the  accused  might  deem 
it  important  to  pursue ;  but  that  the  question  now  stated,  and  the 
inquiry  designed  to  be  made,  appeared  to  him  so  wholly  foreign  to 
the  inquiry  in  which  the  Court  was  engaged,  that  he  felt  it  incum- 
bent upon  him  to  take  the  opinion  of  the  Court  upon  the  subject. 
The  object  of  the  accused  had  been  communicated  to  him,  but  he 
wished  it  to  be  submitted  in  writing  to  the  Court,  to  enable  it  to  de- 
cide upon  the  point  with  accuracy.  The  reasons  having  been 
stated,  the  Court  was  cleared,  and  after  having  maturely  considered 
the  same,  the  Court  is  of  opinion  that  the  question  be  put — which 
decision  was  accordingly  announced. 

Mr.  Seaton  was  then  called. 

Q.  (By  Captain  Porter.)  Look  upon  the  3d  paragraph  of  the 
3d  page  of  the  National  Intelligencer,  under  date  of  May  5th,  1825, 
in  the  words  "  We  are  informed  that  we  did  not  exactly  understand, 
and  of  course  did  not  accurately  state,  the  ground  on  which  the  ex- 
ception taken  by  Commodore  PORTER  to  the  Court  of  Inquiry  now 
sitting  in  this  city,  was  overruled  by  the  Secretary  of  the  Navy. 
The  Lelter  of  the  Secretary  to  the  Court  stated,  that,  as  far  as  the 
Secretary  could  be  called  upon  for  an  opinion  on  that  question, 
Comm.  P.  ought  to  have  made  his  application  to  him  at  an  earlier 
day,  but  that  the  opinion  of  the  Department,  as  to  the  legality  of 
the  manner  in  which  the  Court  was  composed,  had  been  expressed 
in  the  very  act  which  created  and  convened  the  Court,  and  that  no- 
thing was  discovered  in  the  argument  of  Comm.  P  to  change  the 
opinion.  The  act  of  the  Department  was  placed,  therefore,  on  the 
ground  of  its  legality,  by  the  Secretary,  and  not  on  the  ground  of 
time  in  taking  the  exception,  that  circumstance  being  incidentally  in- 
troduced into  his  letter.  Our  information  was  obtained  in  current 
conversation,  and  was  inaccurate  only  from  not  being  as  fully  stated 
as  it  might  have  been,"  and  sa\  by  whose  request  that  paragraph 
u  a-  published,  and  by  whom  it  was  communicated,  in  terms  or  in 
substance  ? 

A.  I  cannot  answer  the  question  with  propriety.  If  it  be  not 
absolutely  essential  for  the  purposes  of  justice,  I  should  prefer,  for 
tbe  reasons  stated  yesterday,  not  to  give  any  other  answer.  I  have 


403 

An  additional  reason  in  this  case  for  declining,  because  the  commu- 
nication was  expressly  a  private  and  confidential  one. 

The  Court  was  cleared  to  deliberate  upon  the  course  to  be  pur- 
sued. 

Upon  the  opening  of  the  Court,  it  was  announced,  that  the 
Court  is  of  opinion,  that  although  from  a  wish  to  afford  every  faci- 
lity to  the  accused,  in  pursuing  any  investigation  which  he  may 
deem  important,  it  did  permit  the  question  proposed  to  be  pro- 
pounded, and  would  have  permitted  the  witness  to  answer  it ; — yet, 
when  the  Court  is  called  upon  to  determine  whether  it  will  exer- 
cise the  power  which  the  law  confers  of  coercing  the  witness  to  an- 
swer the  question,  assumes  a  more  serious  aspect ;  and  the  Court, 
after  mature  consideration,  is  of  opinion,  that  the  question  proposed, 
is  one  which  cannot,  in  any  material  degree,  affect  the  case  of  the 
accused,  and  therefore  will  not  compel  the  witness  to  reply  to  it. 

The  counsel  for  the  accused  then  prepared  and  presented  ano- 
ther question,  which  the  Judge  Advocate  stated  was  liable  to  the 
same  objection  as  before.  The  Court  was  cleared,  to  determine 
whether  or  not,  it  should  be  propounded  to  the  witness.  The  ques- 
tion is  as  follows  : 

Q.  Did  the  paragraph  in  question,  proceed  directly  or  indirectly 
from  the  Secretary  of  the  Navy  ;  and  what  agency  had  he,  if  any,  in 
preparing  it  for  the  press,  and  causing  its  publication.  After  having 
deliberated  upon  the  same,  the  Court  determined  that  the  question 
Should  not  be  put. 

The  Court  adjourned  till  ten  o'clock,  to-morrow  morning. 

WEDNESDAY,  JULY  27TH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  minutes  of  the  proceedings  of  yesterday  were  read. 

The  counsel  for  the  accused  proposed  reading  a  paper  to  the 
Court ;  the  President  of  the  Court  announced  to  him  that  the  opi- 
nion of  the  Court  yesterday  was,  that  all  communications  be  sub- 
mitted to  it  through  the  Judge  Advocate. 

The  counsel  declining  to  pursue  that  course,  the  Court  was 
cleared,  and  when  it  was  opened,  it  was  announced  that  the  Court 
has  decided  that  the  following  rule  of  practice  be  adopted. 

The  accused  may  submit  his  communications  in  writing  to  the 
Court ;  the  same  shall  then  be  publicly  read  by  the  Judge  Advo- 
cate, the  Court  reserving  the  right  of  admitting  and  receiving  the 
papers,  or  any  part  thereof. 

The  counsel  for  the  accused  then  submitted  a  petition  to  the 
:  Court,  calling  upon  the  Court  to  have  the  Secretary  of  the  Navy 
summoned  to  attend  as  a  witness,  or  that  interrogatories  be  transmit- 
ted to  him,  stating  his  reasons  for  the  same.  The  Judge  Advocate 
observed,  that  the  uniform  practice  had  been,  both  in  this  case  and 
others,  for  the  accused  to  hand  him  the  names  of  such  witnesses  as 


404 

he  wished  to  be  officially  summoned  ;  that  such  request  had  been 
uniformly  and  promptly  complied  with.  That  no  application  had 
been  made  to  him  for  such  summons  for  the  Secretary  of  the  Navy: 
had  it  been,  it  should  have  been  afforded  the  accused  without  hesita- 
tion ;  and  if  now  made,  should  be  granted  at  this  time. 

The  Court  was  cleared,  and  when  it  was  opened,  it  was  an- 
nounced that  the  paper  will  not  be  received,  and  the  Judge  Advo- 
cate is  directed  to  return  the  same  to  the  accused,  which  was  ac- 
cordingly done. 

'1  he  Judge  Advocate  received  a  letter  from  Mr.  Seaton,  with  a 
request  that  the  same  be  laid  before  the  Court,  which  was  accord- 
ingly done,  annexed,  and  marked  (22.) 

The  counsel  for  the  accused,  stated  that  he  had  nothing  to  sub- 
mit to  the  Court  at  this  time. 

Gustavus  Harrison,  a  witness  produced  by  the  Judge  Advocate, 
being  duly  sworn  according  to  law,  and  by  him  examined,  deposed  as 
follows  : 

Q.  Were  you  employed  by  me,  during  the  sitting  of  the  Court  of 
Inquiry  in  the  case  of  Captain  D.  Porter,  to  copy  the  proceedings 
of  the  Court  from  my  minutes  ? 

A.  Yes, 

Q.  Look  at  the  original  record  now  shewn  you,  and  say  whether 
you  copied  the  proceedings  of  the  said  Court,  excepting  those  of  the 
last  day  ? 

A.  It  is  all  in  my  hand-writing,  with  the  exception  of  some  correc- 
tions, and  the  proceedings  of  the  last  day. 

Q.  At  what  time  were  you  furnished  with  the  minutes  from  which 
you  took  the  copy;  when  did  you  return  me  your  copy,  and  when 
were  those  corrections  made  ? 

Jl.  1  generally  received  them  about  four  or  five  o'clock  in  the  af- 
ternoon, after  the  adjournment  of  the  Court,  I  copied  them  and  re- 
turned them  the  next  morning,  before  the  meeting  of  the  Court,  we 
then  examined  them,  and  the  corrections  were  made. 

(^.  From  the  time  the  'copy  was  made  by  you  until  after  those 
corrections  were  made,  was  it  in  the  power  of  any  one  to  have  taken 
a  copy  from  either  of  those  papers,  and  do  you  believe  any  such 
copy  was  at  any  time  taken  ? 

A.  I  am  positive  that  it  was  not. 

The  accused  not  being  prepared  to  cross  examine  the  witness  at 
this  time,  the  Court  adjourned  till  ten  o'clock,  to-morrow  morning. 

THURSDAY,  JULY  28TH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Captain 
Porter.  The  minutes  of  the  proceedings  of  yesterday  were  read. 

Mr.  Harrison  being  again  called  by  the  accused,  was  by  him  in- 
terrogated as  follow?  : 


405 

Q.  Examine  the  several  interlineations,  and  erasures,  in  the  re- 
cord  proved  by  you  yesterday  as  your  transcript  from  the  original 
minutes  of  the  Judge  Advocate,  at  pages  7,  8,  21,  25,  26,  31,  32, 
38,  40,  the  adjournment  at  page  38,  and  the  note  at  the  bottom  of 
the  page  41 ,  and  say  by  whom  they  appear  to  have  been  made  ? 

A.  The  interlineations  appear  to  be  in  the  hand-writing  of  Mr. 
Coxe  ;  I  cannot  say  whether  the  erasures  were  made  by  him  or  by 
myself,  the  adjournment  at  p.  38,  is  in  my  own  hand-writing,  the 
note  at  p.  41,  is  in  the  hand- writing  of  Mr.  Coxe,  the  (7)  in  page 
41,  is  I  believe,  Mr.  Coxe's. 

Q.  Can  you  recollect,  with  certainty,  whether  the  original  min- 
utes, when  given  to  you  to  copy,  had  in  them  the  words  and  passa- 
ges which  now  appear  interlined,  erased  and  added,  at  the  pages 
above  mentioned  of  the  said  transcript  ? 
Jl.  I  do  not  know  that  I  can  with  certainty. 
Q.  From  your  recollection  of  the  general  accuracy  or  inaccu- 
racy of  your  transcript,  as  originally  made,  can  you   say  that  you 
made  the  mistakes,  which  these  alterations,  now  appearing  on  the 
face  of  the  transcript,  indicate  ? 

Jl.  1  cannot  say  that  I  made  all  of  them  ;  I  know  that  I  matle  a 
considerable  number. 

Q.  Refer  more  particularly  to  the  interlineation  at  p.  7,  and  the 
note  at  the  bottom  of  p.  41,  and  say  whether  you  have  any  recol- 
lection of  having  made  those  mistakes  ? 

A.  I  cannot  say  whether  or  not  it  was  my  omission. 
Q.  When  did  you  first  see  that  part  of  the  record,  giving  the  last 
day's  proceedings,  stated  as  in  the  hand-writing  of  the  Judge  Advo- 
cate ;  and  do  you  know  any  thing  of  the  penciled   interlineation  in 
the  second  paragragh  of  the  same  ? 

A.  I  do  not  recollect  seeing  that  part  of  the  proceedings,  until  it 
was  shewn  me  yesterday,  and  I  know  nothing  of  that  interlineation  ; 
all  that  I  recollect  is,  that,  when  I  called,  as  usual,  for  the  proceed- 
ings of  that  day,  1  was  informed,  by  Mr.  Coxe,  that  it  was  copied  by 
him  for  the  purpose  of  being  transmitted  to  the  Department,  or 
words  to  that  effect :  I  do  not  think  I  saw  the  proceedings  of  that 
day,  at  all,  until  I  saw  it  yesterday. 
Question  by  the  Judge  Advocate. 

Q.  Have  you  any  recollection  of  my  making,  on  one  or  more  oc- 
casions, so  many  corrections,  in  your  transcript,  that  you  proposed 
taking  it  back  with  you  to  make  a  fair  copy  ?  and  what  passed  on 
that  occasion  ? 

A.  I  do  recollect  there  were  so  many  corrections  in  one  day's 
work,  as  to  induce  me  to  ask  to  re-copy  it.      Your  reply  was,  that 
there  was  not  then  time  ;  that  you  had  to  carry  them  out  with  you 
to  the  Court,  to  read  them  as  the  proceedings  of  the  Court. 
On  the  part  of  the  accused  : 

Q.   Did  you  ever  make  more  than  one  copy  of  the  record  ? 
A.  I  have  no  recollection  that  I  ever  did  ;  I   think  I  may  have 
made  other  copies  of  papers  exhibited  by  Commodore  Porter,  but 
I  think  I  never  did  for  the  record. 


406 

Q.  Look  at  the  sheet  now  shown  you,  and  say  if  it  be  in  your  hand- 
writing ;  at  what  time  you  copied  ;  whether  before  or  after  you 
made  the  transcript  for  the  Judge  Advocate  ;  and  from  what  paper 
— the  orignal  or  your  transcript,  did  you  copy  it  ? 

[The  witness  is  here  shown  a  loose  sheet,  purporting  to  be  a 
copy  of  so  much  of  the  record  as  begins  with  the  words  "  the 
room  was  cleared,"  on  page  2 1 ,  and  ends  with  the  words,  "10  o'clock 
to-morrow  morning,"  on  page  24.] 

A.  The  paper  is  in  my  hand  writing,  and  I  have  a  perfect  recol- 
lection of  the  circumstances  under  which  I  copied  it.  When  I 
gave  the  answer  I  did  just  now,  I  thought  the  paper  I  had  made 
two  copies  of  was  an  original  paper  submitted  by  Com.  Porter : 
I  now  find  it  was  an  answer  to  one  of  his  papers  :  1  copied  this  be- 
fore copying  the  record  from  the  minutes  of  the  Judge  Advocate, 
for  the  use,  as  I  understood,  of  Com.  Porter,  by  the  direction  of, 
Mr.  Coxe,  and  it  was,  I  believe,  the  only  paper  I  copied  in  his  office. 

The  Judge  Advocate  stated  then,  that  if  there  was  nothing  fur- 
ther ready  on  the  part  of  the  accused,  he  should  now  offer  the  de* 
position  of  Mr.  Monroe,  in  answer  to  the  interrogatories  heretofore 
sent  to  him. 

The  accused  desiring  to  see  the  papers  which  it  was  proposed  to 
submit  to  the  Court,  the  same  were  handed  to  him  by  the  Judge 
Advocate,  and  after  being  perused,  were  returned. 

They  were  accordingly  (no  objection  having  been  made,)  read, 
and  submitted  to  the  Court,  as  follows  : 

1st.  The  letter  from  Mr.  Monroe  to  the  Judge  Advocate,  dated 
July  25th,  1825.  (23.) 

2d.  The  interrogatories,  cross  interrogatories,  and  answers  there- 
to, sworn  to  before  Mr.  J.  Bailey,  a  magistrate  in  Loudon  county, 
Virginia,  July  25th,  1825.  Marked  (24,)  (25.) 

3.  The  copy  of  a  note  from  Capt.  Porter  to  Mr.  Monroe,  dated 
May  10th,  1825.     (26.) 

4.  Copy  of  Mr.    Monroe's  answer,   dated   March   12th,    1825. 
(27.) 

5.  Capt.  Porter's  reply  dated  March  12tb,  1825.     (28.) 

6.  Certified  copy  of  a  letter  from  the  Secretary  of  the  Navy, 
dated  21st  October,  1824,  to  Commodore  Porter.     (29.) 

It  was  also  agreed,  that  the  documents  annexed  to  the  original  re- 
cord, as  given  in  evidence  before  the  Court  of  Inquiry,  and  endors- 
ed and  numbered  by  Commodore  Chauncey,  the  President  of  said 
Court. 

The  Court  adjourned  till  ten  o'clock,  to-morrow  morning. 

FRIDAY,  JULY  29xH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  (excepting  Captain  Biddle,)  the 
Judge  Advocate,  and  Captain  Porter. 

Capt.  Spence  stated  that  Capt.  Biddle  was  prevented  by  sickness 
from  attending  to-day. 


407 

The  minutes  of  the  proceedings  of  yesterday  were  read.  Capt. 
Porter  stated  to  the  Court,  that  Mr.  Jones  (his  counsel)  was  en- 
gaged in  the  necessary  arrangements  and  business  of  this  case, 
and  that  he  had  nothing  at  this  time  to  lay  before  the  Court; 
whereupon, 

The  Court  adjourned  till  ten  o'clock,  to-morrow  morning. 

SATURDAY,  JULY  30TH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  (excepting  Captain  Biddle,)  the 
Judge  Advocate,  and  Captain  Porter. 

The  President  announced  to  the  Court  that,  although  Capt.  Bid- 
die  was  much  better  than  he  was  yesterday,  he  still  continued  too 
much  indisposed  to  resume  his  seat. 

The  Judge  Advocate  then  submitted  and  read  to  the  Court  the  fol- 
lowing documents  ;  some  of  which  were  presented  at  the  request 
of  Captain  Porter,  the  residue  by  the  Judge  Advocate,  to  complete 
the  chain  of  the  correspondence. 

1st.  Copy  of  letter  from  Smith  Thompson,  Secretary  of  the 
Navy,  to  Com.  Porter,  dated  Navy  Department,  August  19th,  1823. 
(30.) 

2nd.  Copy  of  letter  from  Samuel  L.  Southard,  Secretary  of  the 
Navy,  to  Commodore  Porter,  dated  Navy  Department,  September 
29th,  1823.  (31.) 

3rd.  Extract  of  letter  from  the  Secretary  of  the  Navy,  dated 
September  30th,  1823.  (32.) 

4th.  Copy  of  letter  from  I.  Chauncey,  acting  Secretary  of  Navy, 
to  Commodore  Porter,  dated  Navy  Department,  October  28th, 

1823.  (33.) 

5th.  Extract  of  letter  from  Commodore  Porter  to  the  Secretary 
•f  the  Navy,  dated  November  19th,  1823.  (34.) 

6th.  Extract  of  Instructions  from  Secretary  of  the  Navy,  to  Com. 
Porter,  dated  December,  1823.  (35.) 

7th.  Copy  of  letter  from  Samuel  L.  Southard,  Secretary  of 
Navy,  to  Commodore  Porter,  dated  Navy  Department,  May  17th, 

1824.  (36.) 

8th.  Copy  of  letter  from  D.  Porter  to  Secretary  of  the  Navy, 
dated  Sea  Gull,  Matanzas,  May  28tb,  1824.  .'37.) 

9th.  Copy  of  letter  from  Samuel  L.  Southard,  Secretary  of  the 
Navy,  to  Commodore  Porter,  dated  Navy  Department,  May  31st, 
1824.  (38.) 

10th.  Copy  of  letter  from  Commodore  D.  Porter  to  Secre- 
tary of  the  Navy,  dated  Washington,  June  25th,  1824.  (39.) 

llth.  Copy  of  letter  from  Charles  Hay,  for  Secretary  of  the 
Navy  to  Commodore  Porter,  dated  Navy  Department,  June  29th, 
1824.  (40.) 

12th.  Copy  of  letter  from  Commodore  Porter  to  the  Secretary  of 
the  Navy,  dated  Washington,  August  llth.  1824.  (41.) 


408 

l3tb.  Extract  of  a  letter  from  Charles  Hay,  (handed  in  by  Com- 
modore Porter)  to  Commodore  Porter,  dated  George  Town,  D. 
C.  September  llth,  1824.  (42.) 

14.  Copy  of  letter  from  Samuel  L.  Southard,  Secretary  of  the 
Navy,  to  Commodore  Porter,  dated  Navy  Department,  October 
14th,  1024.  (43.) 

It  was  also  agreed,  that  the  official  reports  of  Lieutenant  Sloat, 
and  the  accompanying  documents  and  correspondence  printed  in  the 
pamphlet,  from  page*  100  to  the  end  of  that  publication,  be  submit- 
ted to  the  Court  as  if  given  in  evidence  on  this  trial. 

It  is  also  agreed,  that  the  following  note,  published  in  the  Na- 
tional Journal  of  June  14th,  1825,  being  the  anonymous  publica- 
tion or  note  referred  to  in  Captain  Porter's  letter  to  the  Secretary 
of  the  Navy,  of  June  14th,  1825,  and  in  the  testimony  of  Peter 
Force,  and  which,  it  is  admitted,  was  communicated  to  the  Editor 
of  the  said  National  Journal  by  R.  S.  Coxe,  Esq.  Judge  Advocate 
to  the  Court  of  Inquiry  therein  mentioned,  with  authority  to  com- 
municate his  name  as  the  author  of  it,  when  applied  to  for  that 
purpose  ;  be  annexed  to  the  record,  as  evidence  in  this  case. 

To  the  Editor  of  the  National  Journal. 

It  appears  necessary  to  apprise  the  public,  that  the  recent  pub- 
lication of  Commodore  Porter,  on  the  subject  of  the  proceedings 
of  the  Court  of  Inquiry,  in  relation  to  the  affair  at  Faxardo,  presents 
so  inaccurate  and  imperfect  a  v!ew*of  that  matter,  that  it  will,  in 
due  time,  receive  proper  attention.  The  record  of  the  Court  and 
statement  of  the  facts,  transmitted  to  the  Executive,  not  having 
yet  been  made  public,  and  it  being  understood,  that  the  business  has 
not  been  terminated,  furnish  sufficient  reasons  for  postponing  to 
a  more  suitable  period,  the  rectification  of  the  errors,  and  the 
supplying  the  deficiencies,  which  exist  in  the  pamphlet  referred  to. 
Jant  13th,  1825. 

The  reading  of  the  documents  having  been  completed,  the  Court 
adjourned  until  2  o'clock  on  Monday. 

MONDAY,  AUGUST  IST,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate  and  Cap- 
tain Porter.  The  wnutes  of  the  proceedings  of  Saturday  were 
read. 

Captain  Porter  stated,  that  his  counsel  not  having  yet  completed 
the  defence,  which  he  purposed  to  submit  to  the  Court,  requested 
the  further  indulgence  of  the  Court,  until  to  morrow  at  12  o'clock, 
by  which  time  he  would  endeavour  to  be  prepared. 

The  Judge  Advocate  then  read  and  submitted  to  the  Court,  cer- 
tain documents  from  the  Navy  Department. 

1st.  Copy  of  a  letter  from  Commodore  Porter  to  Secretary  of 
Navy,  dated  Washington,  October  12th,  1824.  (44.) 


409 

2nd.  Copy  of  a  letter  from  same  to  the  same,  dated  Washington,, 
Oct.  19th  1824.  (45.) 

Captain  Porter  then  objected  to  the  reading  of  these  letters,  or 
more  of  this  kind,  on  the  ground  that  they  had  no  relation  to  or  con- 
riexion  with  the  charges  or  specifications  ;  that  he  was  prepared  to 
meet  any  other  charge  which  either  now,  or  at  any  future  time, 
might  be  preferred  for  any  part  of  his  conduct,  but  that  he  was 
now  without  his  counsel,  and  must  of  himself,  object  to  the  pro- 
duction of  this  testimony. 

The  Judge  Advocate  remarked,  that  the  letters  were  offered  as 
the  answers  to  letters  read  on  Saturday  ;  or,  as  letters  to  which 
some  of  those  were  answers ;  that  a  part  of  the  correspondence 
having  been  read,  it  seemed  proper  to  submit  the  residue  of  it. 

The  Court  being  cleared,  proceeded  to  deliberate  upon  the 
question,  and  after  some  time,  it  was  opened,  when  the  resolution 
of  the  Court  was  announced,  that  the  papers  should  be  read,  but 
that  the  Court  would  adjourn,  until  to-morrow,  that  the  counsel 
for  the  accused  might  be  present  at  the  reading  of  the  same.  The 
Court  adjourned  till  ten  o'clock,  to-morrow  morning, 

TUESDAY,  AUGUST  2o,  1825. 

The  Court  met  pursuant  lo  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  (excepting  Capt.  Tingey,)  the 
Judge  Advocate,  and  Captain  Porter.  Capt.  Tingey  transmitted  an 
order  from  the  Secretary  of  the  Navy,  which  occasioned  his  tem- 
porary absence. 

The  proceedings  of  yesterday  were  read. 

Capt.  Porter,  by  his  counsel,  then  submitted  some  objections  to 
the  letters  which  it  was  proposed  to  read,  and  the  Court  was  clear- 
ed to  deliberate  on  the  same. 

After  the  Court  was  cleared,  Capt.  Tingey  appeared,  and  resumed 
bis  seat ;  on  the  opening  of  the  Court,  the  following  proceedings 
were  announced. 

The  Judge  Advocate  stated  to  the  Court,  that  the  papers  which 
he  had  proposed  to  submit,  appeared  to  him  to  be  intimately  con- 
nected with  what  were  read  on  Saturday,  and  equally  relevant  to 
the  case  with  them  :  but  that  he  was  not  particularly  desirous  to 
press  the  evidence  before  the  Court.  The  Court  having  maturely 
considered  the  same,  is  of  opinion,  that  much,  if  not  all,  of  the  evi- 
dence submitted  by  the  accused  on  Saturday,  is  wholly  irrelevant  to 
the  subject  matter  before  it ;  but,  it  being  submitted  by  him,  and  not 
objected  to  by  the  Judge  Advocate,  it  was  received  without  hes- 
itation :  As,  however,  it  is  the  opinion  of  the  Court  that  it  is  ir- 
relevant, it  is  not  deemed  necessary  or  proper  to  pursue  that  part  of 
the  investigation  further  ;  and,  as  it  is  not  objected  to  by  the  Judge 
Advocate,  and  appears  to  be  the  desire  of  the  accused,  the  Court 
will  not  receive  or  annex  to  the  record,  any  of  the  five  papers  to. 
which  the  objection  extends. 

The  counsel  for  the  accused  then  submitted  to  the  Court  sundry 
62 


110 

documents  of  an  official  nature.  The  Court  having  been  cleared  to 
deliberate  upon  the  papers  submitted,  and  having  considered  the 
same,  is  of  opinion  that  the  evidence  is  not  admissible  before  the 

Court,  being  wholly  irrelevant  to  the  charges  and  specifications 

The  counsel  for  the  accused  having  been  understood  to  intimate 
that  the  object  intended  by  offering  the  documents  was  to  illustrate 
the  construction  which  the  Government  had  given,  to  the  instruc- 
tions from  the  Department ;  the  Court  conceiving  this  to  constitute 
an  insufficient  reason  for  admitting  the  same,  as  evidence,  in  the 
cause  ;  it  has  therefore  decided  not  to  receive  the  testimony  offer- 
ed. It  is  not,  however,  designed  to  preclude  the  accused  from  re- 
eorting  to  any  documents  of  a  public  and  official  kind,  which  he  may 
conceive  to  furnish  him  with  sources  of  argument,  in  his  defence. 

The  Court  being  opened,  the  foregoing  proceedings  were  an- 
nounced. 

The  counsel  of  the  accused  having  stated  that  he  had  no  other 
testimony  to  submit,  the  evidence  was  considered  as  closed.  He 
wag  then  asked  when  he  should  be  prepared  with  the  defence  ;  he 
replied  by  stating  that  he  might  possibly  be  prepared  by  Thursday, 
but  could  not  promise  positively  to  have  it  ready  before  Friday. 

The  Court  then  adjourned  till  to-morrow  at  10  o'clock. 

WEDNESDAY,  AUGUST  SD,   1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  (excepting  Captain  Ridgely,) 
the  Judge  Advocate,  and  Captain  Porter. 

The  minutes  of  the  proceedings  of  yesterday  were  read. 

Capt.  Ridgely  was  prevented  by  indisposition  from  attending  the 
sitting  of  the  Court  to-day.  The  Court  adjourned  till  ten  o'clock, 
to-morrow  morning. 

THURSDAY,  AUGUST  4TH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  minutes  of  the  proceedings  of  yesterday  were 
read. 

Captain  Porter  having  intimated  that  his  counsel  would  be  pre- 
pared by  eleven  o'clock  to-morrow,  the  Court  adjourned  till  that 
hour. 

FRIDAY,  AUGUST  STH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, nil  the  members  of  the  Court,  the  Judge  Advocate,  and  Cap- 
tain Porter.  The  minutes  of  the  proceedings  of  yesterday  were 
read.  The  Counsel  for  the  accused,  having  obtained  permission 
of  the  Court,  proceeded  to  deliver  the  defence.  Before  conclud- 
ing it,  at  his  request,  the  Court  adjourned  till  to-morrow  morn- 
ing, at  eleven  o'clock. 


SATURDAY,  AUGUST  STH. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  the  Judge  Advocate,  and  Capt. 
Porter.  The  minutes  of  the  proceedings  of  yesterday  were  read. 
The  delivery  of  the  defence  was  resumed,  and  when  it  was  con- 
cluded, the  counsel  having  undertaken  to  hand  in  the  defence  on 
Monday  morning,  that  the  same  might  be  annexed  to  the  record,  the 
Court  adjourned  till  Monday  morning,  at  10  o'clock. 

MONDAY,  AUGUST  STH. 

The  Court  met  pursuant  to  the  adjournment  of  Saturday  :  present, 
all  the  members  of  the  Court  and  the  Judge  Advocate.  The  mi- 
nutes of  the  proceedings  of  Saturday  were  read. 

It  was  announced  to  the  Court  that  the  defence  was  not  ready  to 
be  submitted  to  the  Court  to  day,  but  that  it  should  be  ready  by  to- 
morrow :  It  was  determined  by  the  Court  to  go  on  with  the  busi- 
ness before  it  with  closed  doors.  The  room  was  accordingly  clear- 
ed, and  the  proceedings  of  the  Court  were  read  over.  The  reading 
continued  until  after  three  o'clock,  when  the  Court  adjourned  till 
ten  o'clock,  to-morrow  morning. 

TUESDAY,  AUGUST  9™. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  present, 
all  the  members  of  the  Court  and  the  Judge  Advocate.  The  room 
being  cleared,  the  residue  of  the  proceedings  was  read. 

The  defence  not  having  been  transmitted,  the  Court  came  to  the 
following  resolution. 

Resolved  by  the  Court,  that  this  Court  has  felt  and  exhibited  a 
disposition  during  the  progress  of  this  trial  to  allow  every  indulgence 
to  the  accused  which  the  most  cautious  regard  to  his  feelings  and 
wishes  could  dictate  :  that  with  this  disposition,  delays,  and  a  course 
of  practice,  have  been  submitted  to,  in  \vhich  the  Court  has  reluc- 
tantly acquiesced  :  that  arguments,  instead  of  being  prepared  when 
offered  to  the  Court,  in  such  a  state  as  to  be  annexed  to  the  record, 
have,  after  an  ample  allowance  of  time,  been  delivered  orally,  and  an 
equal  length  of  time  afterwards  consumed  in  committing  the  same  to 
writing.  That  in  regard  to  the  defence,  after  having  waited  for  an 
unusual  period  of  time,  it  was  in  fact  delivered  to  the  Court  orally, 
and  as  a  written  document  it  has  not  been  presented  to  the  Court 
this  the  third  day  after  its  public  delivery  ;  the  Court  feels  con- 
strained to  notice  this  conduct  which  it  cannot  pass  over  without 
an  expression  of  its  disapprobation,  and  has  determined  that  unless 
the  paper  is  ready  by  the  meeting  of  the  Court  to-morrow,  the  Court 
will  proceed  to  judgment  without  it.  And  it  is  requested  of  the 
Judge  Advocate  that  a  copy  of  the  foregoing  resolution  be  transmit^ 
ted  to  the  accused  this  afternoon. 


412 

At  three  o'clock,  the  Court  adjourned  till  ten  o'clock,  to-morrow 
morning. 

WEDNESDAY,  AUGUST   IOTH. 

The  Court  met  pursuant  'o  the  adjournment  of  yesterday  :  present, 
all  the  members  of  the  Court  and  the  Judge  Advocate.  The  mi- 
nutes of  the  proceedings  of  yesterday  were  read. 

The  Judge  Advocate  stated  that,  in  compliance  with  the  wishes  of 
the  Court,  he  had  left  a  letter  directed  to  Captain  Porter,  containing 
a  copy  of  the  foregoing  resolutions  with  the  counsel  of  the  accused 
yesterday,  on  his  return  from  the  Court. 

The  defence  not  having  been  transmitted,  the  Court  proceeded 
to  deliberate  upon  the  charges,  specifications,  the  evidence  that 
had  been  submitted,  and  what  had  been  alleged  in  behalf  of  the  ac- 
cused ;  and  during  the  deliberation,  the  defence  upon  the  first 
charge  was  communicated  to  the  Court,  annexed,  and  marked  (P.) 

After  having  carefully  and  maturely  weighed  and  deliberated 
upon  the  matter,  the  Court  is  of  opinion  that  the  specification  of  the 
first  charge  is  fully  proved,  and  does  adjudge  the  accused  G-UILTIT 
of  the  first  charge. 

The  Court  is  also  of  opinion,  that  the  first  specification  of  the 
second  charge  is  proved  in  part ;  that  it  is  fully  proved,  so  far  as 
regards  the  letter  to  the  President  of  the  seventeenth  day  of  April, 
1825,  and  the  letters  to  the  Secretary  of  the  Navy,  of  the  30th  day 
of  January,  the  thirteenth  day  of  April,  and  the  fourteenth  day  of 
June,  1825 — each  of  which  the  Court  conceives  to  be  of  the  cha- 
racter attributed  to  them  in  the  said  specification  ;  but  it  does  not 
consider  the  letter  of  the  sixteenth  day  of  March  as  liable  to  the 
same  censure  ;  and  therefore,  so  far  as  regards  this  last  mentioned 
letter,  the  Court  is  of  opinion,  that  this  specification  is  not  proved. 
The  Courtis  also  of  opinion,  that  the  second,  third,  fourth,  and 
fifth  specifications  of  the  second  charge  are  fully  proved.  The 
Court  is  of  opinion  that  the  second  charge  is  fully  proved,  and  does 
accordingly  adjudge  the  accused  GUILTY  of  the  same. 

In  deciding  upon  the  first  charge  and  the  specification  under  it ; 
the  Court,  however,  feels  itself  called  upon  to  ascribe  the  conduct  of 
the  accused,  which  is  deemed  censurable,  to  an  anxious  disposition 
on  his  part  to  maintain  the  honour,  and  advance  the  interests  of  the 
nation  and  the  service. 

The  Court  also  thinks  proper  to  state,  that  in  deciding  that  the 
third  specification  is  proved,  it  is  of  the  opinion,  that,  so  far  as  re- 
spects the  inaccuracies  pointed  out  by  the  Judge  Advocate  in  the 
paper  annexed  to  the  record  and  marked  No.  15,  this  specifica- 
tion is  fully  proved  ;  but  the  Court  sees  no  reason  to  believe  that 
the  errors  and  inaccuracies  therein  indicated,  were  the  result  of 
design  or  of  improper  motive  ;  that,  with  the  exception  of  such 
error?  as  have  been  particularly  noted,  the  publication  by  the  ac- 
cused of  the  proceedings  of  the  Court  of  Inquiry,  appears  to  be  a 
transcript  of  the  record. 


413 

In  farming  its  opinion  upon  the  fourth  specification,  the  Court 
is  satisfied  that  the  same  is  fully  proved  in  the  following  particulars  : 

In  the  advertisement  "  By  the  conduct  of  the  Court,  to  which 
the  subject  was  referred  for  investigation,  I  was  driven  from  its 
presence,  and  prevented  from  making  the  explanations  on  which  I 
founded  my  justification." 

In  the  remarks,  p.  24,  "  I  could  not  consent  to  defend  myself  be- 
fore the  Court  against  any  charge  whatever,  until  its  legality  had 
been  decided  by  competent  authority — until  I  could  appear  before 
it  on  terms  of  perfect  equality  with  my  accusers — until  I  could 
be  allowed  to  protect  myself  in  the  way  which  might  appear 
to  me  most  proper  ;  without  submitting  my  defence  to  the  inspec- 
tion of  the  Judge  Advocate,  who  had  no  right  to  decide  in  my  case  ; 
or  to  the  control  of  the  Court,  who  would  thereby  have  exercised 
a  power  not  founded  in  law  or  justice  ;  and  without  the  risk  of  un- 
deserved reproof." 

In  p.  25  :  t%  But  it  was  the  duty  of  the  Court  to  decide  whether 
it  was  or  was  not  competent ;  the  decision,  as  to  its  beliet  on  the 
subject,  on  oath,  was  all  that  was  required  by  me,  and  the  question 
could  have  been  decided  by  the  Court,  as  readily,  and  as  well  be- 
fore,  as  it  was  after  the  instructions  of  the  Secretary  had  been  re- 
ceived ;  that  it  did  not  decide  in  the  first  instance,  is  sufficient  evi- 
dence that  doubts  then  existed,  as  to  its  legality." 

"  Under  alt  circumstances  then,  I  had  nothing  to  lose  or  appro- 
tend  by  my  withdrawal  from  the  Court,  and  I  certainly  saved  a 
very  useless  sacrifice  of  my  feelings,  as  (except  in  its  deportment 
towards  me,  while  before  it)  it  could  do  me  neither  good  or  harm. 
A  Court  more  powerless,  and  yet  more  calculated  to  alarm  the  ac- 
cused, was  perhaps  never  formed." 

"  The  charge  first  to  he  investigated,  was  exhibited  against  me 
by  the  Secretary  of  the  Navy  ; — the  Secretary  of  the  Navy  select- 
ed my  judges,  two  of  whom  were  junior  to  me.  The  Judge  Advo- 
cate, who  is  the  primum  mobile  of  all  military  Courts,  received  his 
appointment  from  the  Secretary,  and  is  his  warm  friend  And  protege. 
Under  these  circumstances,  it  may  readily  be  imagined  I  had  every 
thing  to  apprehend,  and  nothing  to  hope  for  while  before  the  Court ; 
and  to  defend  myself  under  the  conditions  imposed  on  me,  would 
have  been  worse  than  useless." 

In  the  remarks  in  p.  31,  it  appears  to  the  Court  to  be  implied, 
that  all  the  documents  upon  which  the  Court  of  Inquiry  founded  its 
opinion,  were  contained  in  the  pamphlet,  which  was  not  the  fact. 

The  Court  also  includes,  as  proof  of  this  specification,  the  second 
paragraph  of  the  paper  marked  E,  in  p.  40,  of  the  pamphlet. 

The  Court  does  therefore  sentence  and  adjudge  the  said  Captain 
David  Porter,  to  be  suspended  for  the  term  of  six  months,  from  the 
date  hereof. 

Having  come  to  the  aforesaid  determination,  and  the  residue  of 
the  Defence  not  having  been  transmitted,  the  Court,  for  the  pur- 
pose of  enabling  the  Judge  Advocate  to  prepare  in  due  form,  and  re 


414 

v.urd  the  said  findings,   and  it  being  after  four  o'clock,  adjourned 
'till  eleven  o'clock  to-rnorrow  morning. 

THURSDAV,  AUGUST  HTH,  1825. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court  and  the  Judge  Advocate.  The 
proceedings  of  yesterday  having  heen  read,  the  Court  proceeded 
to  sign  this,  the  record  of  its  proceedings,  the  finding  and  sentence. 

JAMES  BARRON,  President. 
THOS.  TINGE Y. 
JAMES  DIDDLE. 
CH.  G.  RIDGELY. 
ROBT.  TRA1LE  SPENCE. 
J.  W.   DOWNES. 
J.  D.  HENLEY. 
J.  D.  ELLIOTT. 
JAMES  RENSHAW. 
THOS.  BROWN. 
CHS.  C.  B.  THOMPSON. 
ALEX.  S.   WADSWORTH. 
GEO.  W.  RODGERS. 
RICHARD  S.  COXE,  Judge  Advocate. 

THURSDAY,  AUGUST  HTH. 

The  record  of  the  proceedings  in  the  case  of  Captain  David 
Porter,  having  been  signed  and  transmitted  to  the  Department,  the 
Court,  by  virtue  of  an  order  for  that  purpose,  from  the  Secretary  of 
the  Navy,  directed  to  the  President,  and  hereunto  annexed  and 
marked  A,  adjourned  to  meet  to-morrow  morning  at  ten  o'clock, 
at  the  building  on  1st  street  east,  and  the  corner  of  Maryland  ave- 
nue, formerly  occupied  by  the  Congress  of  the  United  States. 

FRIDAY,  AUGUST  12™. 

The  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  and  the  Judge  Advocate.  The 
Judge  Advocate  read  and  submitted  to  the  Court  a  letter  from  the 
Secretary  of  the  Navy,  which  was  annexed  and  marked  B,  and  the 
record  of  the  proceedings  as  transmitted  yesterday  to  the  Depart- 
ment, with  the  paper  referred  to  as  a  continuance  of  the  Defence 
of  Captain  Porter. 

The  paper  having  been  read,  on  motions  of  a  member,  the  Court 
determined  that  it  will  adjourn  until  ten  o'clock  to-morrow,  and 
that  Captain  Porter  be  informed  that  the  Court  will  receive  the  re- 
sidue of  the  Defence  at  that  hour. 

The  Court  adjourned  'till  to-morrow  at  ten  o'clock. 


415 

SATURDAY,  AUGUST  13-rn. 

f  he  Court  met  pursuant  to  the  adjournment  of  yesterday  :  pre- 
sent, all  the  members  of  the  Court,  and  the  Judge  Advocate.  The 
proceedings  of  yesterday  were  read.  The  residue  of  the  Defence 
was  received  at  near  twelve  o'clock,  and  the  Court  proceeded  to 
read  the  same. 

After  completing  the  reading  of  the  document,  the  following  mo- 
tion was  mude  and  adopted  : 

The  Judge  Advocate  having  stated  that  he  had  received  from  the 
accused  certain  papers,  purporting  to  be  the  residue  of  his  defence — 
the  same  were  read  and  considered.  The  Court  is  decidedly  of 
opinion  that  these  papers  vary  in  many  respects  from  the  defence 
which  was  delivered  on  behalf  of  the  accused,  by  his  counsel  : — 
that  in  particular,  the  severity  of  animadversion  upon  the  conduct 
of  the  Judge  Advocate,  which  appears  in  these  papers,  did  not  ap- 
pear in  the  defence  that  was  delivered,  and  the  Court  deems  it  due  to 
itself  to  state,  that  the  conduct  of  the  Judge  Advocate  during  the 
trial  was,  in  its  opinion,  free  from  the  censure  imputed  to  it. 

As,  however,  the  Court  is  not  in  possession  of  the  Defence, 
which,  in  violation  of  its  rule  and  of  precedent,  was  delivered  oral- 
ly, and  from  notes  under  the  appearance  of  reading  it.  The  Court 
has  annexed  this  document  to  its  proceedings,  with  this  further  ob- 
servation, that  nothing  is  perceived  in  it  which  can  in  the  least  vary 
the  conclusion  to  which  the  Court  had  arrived. 

JAMES  BARRON,  President. 

RICHARD  S.  COXE,  Judge  Advocate. 

The  Court  adjourned  'till  ten  o'clock  on  Monday  morning. 
APPROVED  : 

JOHN  QUINCY  ADAMS. 
August,   1825 


416 

o/  the  principal  heads  of  argument  and  authority,  in  support 
of  the  objections  taken  by  the  Counsel  of  Commodore  Porter,  to  tht 
second  charge  and  the  specifications  of  the  same. 

The  Counsel  is  well  aware,  how  much  out  of  place,  before  a 
Court  Martial,  are  the  nice  and  abstruse  subtilties,  and  the  merely 
technical  rules,  peculiar  to  some  branches  of  practice  in  the 
Courts  of  Common  law.  He  will,  therefore,  implicitly  follow  the 
advice  of  a  learned  civillian,  who  has  made  military  jurisprudence, 
and  the  analagous  principles  and  practice  of  municipal  jurispru- 
dence, as  administered  in  courts  of  civil  and  criminal  judicature, 
the  subject  of  an  elaborate,  practical,  and  useful  essay  ;  and  who 
very  prudently  and  properly  recommends  to  Counsel,  engaged  in 
the  conduct  of  a  defence  before  a  Court  Martial,  to  avoid  every 
topic,  calculated  to  perplex  and  embarrass  the  judgment  of  gentle- 
men, not  professionally  conversant  with  the  law,  by  "  forcing  the 
discordant  and  unsuitable  axioms  and  rules  of  civil  Courts,  upon  a 
•'  military  tribunal.  "  Accordingly  no  "  rides  or  axioms  of  the  Civil 
Courts,  "  are  adverted  to,  upon  this  occasion,  but  such  as  have  been 
distinctly  invoked  to  the  practice  o<f  "  military  tribunals  ;"  or  such, 
as  being  founded  in  the  immutable  principles  of  right  and  justice, 
are  necessarily  common  to  both  ;  and  cannot  be  dispensed  with,  by 
either,  without  consigning  the  subjects  of  its  jurisdiction  to  an  un- 
qualified tyranny.  The  truth  is,  there  is  no  essential  difference, 
either  in  the  form  of  procedure,  or  in  the  principles,  by  which 
both  are  guided  in  the  administration  of  criminal  justice.  The 
course  of  proceedings,  at  British  Courts  Martial,  is  said  to  assimi- 
late more  nearly  to  trials  for  high  treason,  in  the  Courts  of  com- 
mon law  :  because  prisoners,  tried  for  that  crime,  have  greater 
privileges  allowed  them  by  stalute,  than  what  are  allowed  in  crimi- 
nal prosecutions,  for  other  offences,  (a.) 

All  the  forms  of  procedure  of  the  Civil  Courts,  in  the  department  of 
criminal  judicature,  are  simple  and  concise  :  they  are  clear  of  the 
technical  subtilties,  and  of  the  nice  and  artificial  distinctions,  which 
have  resulted  from  the  abstruse  and  complicated  rules  of  property, 
and  the  perplexed  dialectics  of  special  pleading  :  they  are  the  re- 
sult of  great  sagacity,  long  experience,  and  a  practical  insight  of 
human  affairs  ;  exerted  in  the  compilation  of  a  system  of  rules, 
necessary  to  the  protection  of  property,  life  and  reputation,  against 
the  irregular,  capricious  and  vindictive  action  of  power.  'Tie  be- 
yond the  reach  of  human  sagacity  to  institute  or  digest  any  system, 
which  is  to  act  with  infallible  and  undeviating  truth  and  accuracy, 
in  all  the  diversified  occasions  of  practice  :  consequently,  in  some 
particular  instances,  tbe  forms  with  which  human  rights  are  fenced 
In  and  guarded,  may  rather  inconveniently  fetter  and  retard  the 
march  of  substantial  justice  :  these  forms  are  nevertheless  whole- 
some and  necessary — and  'tis  better  to  endure  some  partial  incon- 

(a.)  McArthur,  (4th  Edit.  Londop)  B.  1,  Ch.  12,  S.  1,  P.  282. 


417 

reniencas,  than  encroach  upon  the  conspicuous  and  well  defined 
land-marks,  intended  as  impassable  barriers  against  the  oppressions 
of  the  mighty  upon  the  weak.  And  of  all  the  modes,  in  which 
might  can  demonstrate  its  cupidity  or  its  wrath,  to  the  danger  of  in- 
dividual security  and  justice  ;  and  against  which,  every  free  com- 
munity is  the  most  provident  and  circumspect  in  devising,  and  most 
tenacious  in  maintaining  wholesome  checks  and  restraints, — is  that 
of  high-seated  power,  bearing  down  upon  its  victim,  with  all  the 
weight  and  circumstance  of  official  splendour  and  influence,  in  a 
state  prosecution.  A  vulgar  error  has  sometimes  prevailed,  to  the 
great  disparagement  of  the  military  character,  that  a  military  estab- 
lishment must  necessarily  be  composed  of  men,  who  have  volunta- 
rily surrendered  all  the  essential  rights  of  citizens  ;  and  who  have 
abandoned  everything  sacred  and  dear  in  life  and  honour,  to  the  un- 
controlled will  and  unregulated  power  of  the  government.  Against 
such  an  absurdity,  it  would  be  superfluous  to  contend,  before  an  intel- 
ligent and  experienced  tribunal,composed,  as  is  the  present,  of  gentle- 
men, who  have  been  disciplined  in  the  rights  and  duties,  alike  of 
civil  and  of  military  life  :  as  every  man,  aspiring  to  wield  the  arms 
of  an  enlightened  republic,  must  be,  or  sink  into  the  pernicious 
and  degraded  instrument  of  usurpation  and  despotism. 

Then,  it  is  one  of  the  fundamental  and  uncompromising  maxima, 
as  well  of  martial,  as  of  every  other  human  law,  thai  it  should  define, 
before  hand,  and  with  precision,  the  offences  which  it  punishes  : 
the  only  alternative^  to  leave  it  to  the  absolute  discretion  of  every 
successive  Court  Martial,  to  determine,  without  any  fixed  rule  or 
guide,  upon  each  particular  accusation,  whether  the  act  charged  be 
one,  which  the  law  either  designed,  or  ought  to  have  punished. 
This  alternative  is  universally  held  to  be  the  very  essence  of  tyran- 
ny ;  and  utterly  incompatible  with  any  sound  principle,  by  which 
either  military  discipline  and  police  are  maintained,  or  the  forms 
of  civil  government  instituted.  Wholesome  restraints  of  the  cease- 
less tendency  of  power  to  excess,  and  to  irregular  exertions  of  its 
force  ;  and  well  defined  rules  by  which  individuals  may  certainly 
know  what  actions  are  either  enjoined  or  forbidden,  are  just  as 
necessary  to  the  conservation  of  the  military,  as  of  the  social  vir- 
tues. Once  beat  down  the  barriers,  by  which  the  essential  rights 
of  the  soldier  are  protected,  against  the  invasion  of  vindictive  or 
capricious  power,  and  every  tie  of  subordination,  but  that  of  brute 
force,  is  dissolved:  the  generosity  of  soul,  that  ennobles  valour, 
and  gives  all  its  moral  elevation  and  dignity  to  the  military  spirit, 
is  extinguished  ;  his  rapid  degeneracy,  renders  him  no  longer  for- 
midable to  any,  but  to  the  state,  which  has  degraded  and  debased 
him.  No  government,  whose  institutions  bear  the  remotest  affinity 
to  our  own,  has  ever  acted  upon  the  notion,  that  persons,  in  mili- 
tary capacities,  were  to  have  their  relative  rights  and  privileges 
defined,  or  guarded,  by  any  less  fixed,  certain,  known,  and  precise 
laws  and  rules  of  conduct,  than  their  fellow  citizens,  in  civil  capa- 
cities :  or  that  criminal  justice  was  to  be  administered,  in  mili^ry 
53 


418 

courts,  with  any  less  regard  to  the  fundamental  principles  of  legal 
justice,  than  in  other  courts  of  judicature.  The  rights  and  privile- 
ges of  the  Janissary  are  just  as  well  defined  in  theory,  and  respect- 
ed in  practice,  as  those  of  any  other  of  the  subjects  of  Turkey  ; 
where  all  are  equally  .exposed  to  the  arbitrary  caprices  of  a  power, 
which  is  despotic,  only  because  it  is  of  indefinite  extent,  and  vague 
and  uncertain  in  its  limitations,  and  in  its  rules  of  action.  These 
same  Janissaries,  at  once  the  instruments  and  the  terror  of  the  de- 
spotism they  uphold,  are  but  the  type  of  what  every  military  es 
tablishment  must  become,  when  placed  out  of  the  pale  of  the. 
general  law,  by  which  the  relative  rights  and  duties  of  indivi- 
duals are  defined  ;  and  which  determines,  by  fixed,  known,  and 
precise  rules,  the  offences,  which  may  draw  down  the  penalties  of 
vindictive  justice. 

Accordingly  all  the  regular  governments  of  modern  times,  which 
have  made  much  progress  in  civilization  and  improvement,  have 
been  at  great  pains  to  digest  codes  for  their  fleets  and  armies  ;  by 
which  all  military  crimes  and  punishments  have  been  enumerated 
and  defined,  with  more  or  less  of  precision. 

Indeed  so  manifest  is  the  expediency  and  indispensable  the  jus- 
tice of  extending  to  military  men  and  to  military  tribunals  all  those 
essential,  and  generally  received  principles  and  forms  of  judicial  jus- 
tice, which  are  supposed  to  constitute  the  sanctions  of  property, 
life  and  reputation,  to  the  citizens  at  large  ;  that  the  practice  is  said 
to  prevail  in  many  of  the  foreign  services,  on  the  continent  of  Eu- 
rope, of  extending  to  soldiers  the  privilege  of  being  tried  by  their 
peers  :  for  which  purpose,  some  of  the  same  rank  with  the  prisoner, 
from  officers  of  the  highest  rank  to  privates,  are  admitted  as  mem- 
bers of  Courts  Martial.  This  practice  has,  it  seems,  been  recom- 
mended, but  successfully  opposed,  in  the  British  service,  (a) 

In  Britain,  it  has  been,  for  a  century  and  a  half,  the  subject  of 
anxious  and  minute  legislation,  in  successive  parliaments  ;  which  has 
resulted  in  a  compilation  of  criminal  law,  for  their  fleets  and  armies, 
as  elaborate,  and,  perhaps,  more  systematic  and  complete,  in  its 
kind,  than  any  they  have  hitherto  framed  for  the  community  at  large. 
The  British  articles  of  war,  both  military  and  naval,  have  been, 
respectively,  adopted  by  Congress  ;  with  such  modifications  as  were 
thought  necessary  to  fit  them  to  the  peculiar  organization  of  our 
own  establishments  :  and  it  must,  in  candor,  be  confessed,  that  our 
alterations  of  the  British  system  have  not  been  uniformly  for  the 
better  ;  but,  in  one  or  two  particular  instances,  (presently  to  be  re- 
marked upon)  decidedly  lor  the  worse. 

Of  the  42  articles  adopted  by  the  Act  of  Congress,  for  the  govern- 
ment of  the  Navy,  thirty  (from  the  3rd  to  the  32nd  inclusive)  con- 
stitute what  may  be  called  the  criminal  code  of  the  Navy  :  in  which 
all  the  offences,  cognizable  by  a  Naval  Court  Martial,  are  enumera- 
ted and  defined  ;  the  appropriate  punishments  for  each  kind  and  de- 

(a)  Adyc,  cli.  2.  pngr  43,  4. 


4I9L 

gree  of  offence,  prescribed  ;  a  tribunal,  for  the  trial  of  them,  con- 
stituted ;  and  a  few  of  the  most  essential  and  indispensable  forms  ot 
procedure,  laid  down. 

Then  the  first  and  radical  question,  in  every  prosecution  before 
a  Court  Martial,  is,  whether  the  matter  of  the  accusation  be  cogni- 
zable by  the  Court,  as  constituting  any  offence,  enumerated  and  de- 
fined in  the  given  code  of  criminal  law  :  there  the  offence  is  to  be 
found,  CT.  no  where  :  by  that  authority,  it  is  to  be  punished,  or 
by  none. 

In  Britain,  'tis  said,  that  the  "  crimes  cognizable  by  Courts  Mar- 
tial, are  pointed  out  by  the  mutiny  act  and  articles  of  war  ;  which 
every  military  man  is,  or  ought  to  l»e  acquainted  with  :"  (a)  and 
again,  that  "  martial  law  is  laid  down  in  so  plain  and  simple  a  man- 
ner, that  every  military  man  is,  or  ought  to  be  acquainted  with  what 
are  thereby  deemed  crimes."  (6.)  'Tis  further  said,  not  to  be  ne- 
cessary to  refer,  in  the  charge,  to  the  particular  articles  of  war 
supposed  to  be  violated  ;  because  "  the  specification  of  the  crimi- 
nal act,  is  sufficient  intimation  to  the  prisoner  ;"  who  may  "  al- 
ways dispute  its  relevancy,  and  call  upon  the  prosecution  to  show  in 
-what  respect,  it  falls  under  the  prohibitions  of  that  /aa>."  (c.) 

A  favourite  idea  has  prevailed  among  military  men,  and  with  some 
military  tribunals  ;  that  a  Court  Martial  is  not  only  a  solemn  tribu- 
nal of  criminal  judicature,  but  also,  a  court  of  honour  :  privileged 
to  erect  a  sort  of  censorial  power  over  the  minor  moml?  of  the 
members  of  the  profession  :  and,  as  such,  to  take  cognizance  of 
certain  immoralities,  and  in  decorums,  or  of  certain  departures  from 
the  more  delicate  and  refined  points  of  honour,  indispensable  to  the 
character  and  conduct  of  an  accomplished  officer  and  gentleman  : 
but  not  prohibited  or  condemned  by  any  positive  law.  This  idea, 
to  acerliiin  extent,  is  not  without  some  support  from  reason,  author- 
ity, and  practice  ;  but,  to  the  extent  here  stated,  is  certainly  erro- 
neous ;  and  contrary  to  the  best  established  principles  and  prece- 
dents. 'Tis  true  to  any  extent,  only  because  the  military  code  has, 
by  positive  enactment,  extended  {he  judicial  cognizance  of  its  courts, 
to  more  minute  transgressions  of  private  morals,  than  are  cogniza- 
ble in  other  courts:  not  that  lha  military  any  more  than  the  civil 
courts,  have  any  authority,  to  try  or  to  punish  nny  act,  not  express- 
ly constituted  an  offence,  punishable  under  the  military  code.  For 
instance,  the  British  articles  of  war,  both  naval  and  military,  make 
"scandalous,  infamous  behaviour,  such  as  is  unbecoming  the  char- 
acter of  an  officer  and  a  gentleman,"  an  offence  punishable  by  dis- 
mission from  the  service:  (</)  and  this  article  has  undergone  a  version, 
in  its  adoption  into  our  military  code,  extremely  disadvantageous  to 
its  precision,  and  in  short,  to  every  commendable  quality  of  a  penal 
law :  for  there,  it  is  stripped  of  all  the  aggravations,  by  which  the 

(a)  Adye,  (7th  Ed.  Lond.)  p.  1.  ch.  2.  p.  62. 
(6)  Id   p.  2.  ch.  5.  p.  225. 

(c)  Tytler,  (3rd  Ed.  Lond.)  ch.  5.  s.  1.  p.  216-7. 

(d)  Tytler,  p.  212.  1  McArthur,  App.  No.  1.  Art.  33.  p.  333. 


420 

offence  is  characterized  in  the  British  articles  ;  as  "  behaving  in  a 
scandalous,  infamous,  cruel,  oppressive,  or  fraudulent  manner,  unbe- 
coming the  character,"  &c.  and  marks  out  for  reprobation,  and  for 
the  same  sort  and  degree  of  punishment,  as  the  British  articles, 
conduct,  simply  characterized  as,  "  unbecoming  an  officer  and  a  gen- 
tleman;" (a)  Without  specifying,  how  or  to  what  degree,  it  is  un- 
becoming to  him  ;  or  whether,  to  his  moral  or  his  professional  char- 
acter ;  or  to  his  person,  or  his  manners  :  this  article,  in  neither  of 
its  forms,  is  to  be  found  among  our  naval  articles  of  war,  but  there 
i?,  among  the  latter,  one  corresponding  to  the  second  of  the  Bri- 
tish Naval  Articles  ;  which,  after  enumerating  "  oppression,  cruelty, 
fraud,  profane  swearing,  and  drunkenness,"  concludes  with  "other 
scandalous  conduct,  tending  to  the  destruction  of  good  morals."  (6) 

Now  here  it  must  be  confessed  is  ample  scope  for  the  exercise  of 
a  sound  discretion  in  deciding,  in  one  case,  what  acts  are  scanda- 
lous, infamous,  fyc. — in  another,  what  are  "  unbecoming  an  officer 
and  gentleman  ; — in  another,  what  immoralities,  under  the  deno- 
mination of  "  other  scandalous  conduct,"  are  equivalent,  in  turpi- 
tude, to  the  immediately  preceding  enumeration  of  l<  oppression, 
cruelty,  fraud,  &c."  still  'tis  nothing  more  than  a  sound  discretion, 
acting  under  the  authority,  and  by  the  express  mandate  of  the  law — 
not  an  unlimited  direction  to  legislate  new  offences  into  existence. 
When  the  nature  and  degree  of  the  offence  are  once  ascertained  by 
the  application  of  that  sound  discretion  to  the  facts  of  the  case  ;  and 
these  facts  are  found  to  bring  the  case  within  the  operation  of  the 
law  ; — His  then  an  offence  as  emphatically  embraced  within  the  pur- 
view of  the  law,  and  as  positively  prohibited,  as  if  it  had  been  there- 
in designated  by  name,  or  by  the  most  specific  description.  After 
all,  it  is  nothing  more,  in  principle,  than  the  ordinary  discretion  of 
every  court  of  law,  to  construe,  interpret  or  expound  the  obscure, 
perplexed,  and  doubtful  terms  of  general  statutes  There  is  also 
vested  in  Courts  Martial,  an  extensive  discretion,  as  to  the  sort  and 
degree  of  punishment  to  be  inflicted  for  various  transgressions.  So 
every  criminal  court  has  more  or  less,  discretion  to  inflict  optional 
punishments  ;  and  we  see  them,  every  day,  deliberating  on  a  fine 
from  one  cent,  to  any  indefinite  amount ;  or  imprisonment  from  one 
hour  to  seven  years,  or  no  imprisonment  at  all. 

In  short,  the  exercise  of  this  sound  legal  discretion,  by  whatever 
court,  civil  or  military,  and  to  whatever  degree,  is  nothing  more  or 
Jess  than  the  judicial  exposition,  or  the  judicial  execution  of  a  po- 
sitive law;  and  leaves  the  conclusion  untouched,  that  no  offence  is 
cognizable  by  a  court  martial,  but  what  is  prohibited  and  punished, 
by  some  article  of  the  military  code,  under  the  authority  of  which 
the  court  acts  ;  and  consequently,  that  every  accusation  or  charge 
must  set  out,  in  terms,  an  offence,  so  prohibited  and  punished  j 
or  be  excluded  from  the  cognizance  and  jurisdiction  of  the  court. 

(a)  Vid.  Rules  and  Articles  for  the  government  of  the  armies  of  the  U.  S.  Art. 
83  Macomb,  pages,  63,  241. 

(A)  Vic).  Laws  U.  S.  p.  351.  ch.  187.  Art.  3.  1.  McArthur,  App.  No.  I. 
Art.  2.  p.  325. 


421 

Martial  to 


ted  him  of  the  graver  oart  nfth     I'        P  °n  whlch  the  court 
,"  but 
conduct  ; 


word,  but  such  as  ^ositvelv  Prohibit  C°P'Za.nCLe  °f  an^  act  ° 
tary  code,  and  Can  JS2T2  discret  on  *£££*&  b*  the  mil 
iegal  or  the  moral  character  of  such  ac  "OP  vSn  /T'^  lither  the 
pressly  communicated  to  it  by  laT  '   but   what  is  **' 


0 

,    cognizable  bj    the   Court     I  ^etermine'  ^t,  whether  any 

2dly,iftherebe,whe?h7eriti3Se  foVth    ^    °^'    ^    te™S  ''    "* 
and  with  such  specifications  SSi-      SUchLmanner  a"^  form, 

' 


caons  i-  L  , 

and  practice  of  Courts  Ma^'li  ^^S*  to  the  established   law 
to  answer.  tlaJj  "^  J(lstl^  calling  upon  the  prisoner 


t  the  te-  ,  »  which  the  charges 

by  a  succinct  analvri    ofVh       ~Dce1'^.  'nay  be  usefully 
sioMr^^fr^SL"11^:  b^  which  the  form  of 
the  most  approved  wrhers  and  aJhn??  '      §  Sha"  be  deduc^  from 
all  of  whom  concur,  with  undevh  in  ^°n  martial  law  alone  J 

rules  to  be  cited,  an  fri^eS  «  h!  "^T^'  m.the  terms  of  the 
lustrations,  by  wwTtS^tim?^?^  '"  he  ™Pllfic*«<>™  and  «. 
of  them  are  enforced  J  ^  neceMI*  °f  a  strict  observance 


of  the  offence         = 

within  the  law  or  sta  u?e   bv  '  h  rhT  "  Un/^'vocal'y  ™d  clearly 
instances  even  wordl  :  t-«S  wi^  ^    5  ia  S°me 

,  do  not  suffice     Lt 


rthur,  ch.  8.  ,.9.  p.  297—8. 


mast  be  minutely  described.  If  disrespectful,  ^contemptuous,  or 
mutinous  words  be  imputed  to  him,  the  very  words  must  be  speci- 
fied ;  and  it  is  not  enough  for  a  witness  to  say  that  words  of  such  an 
Affect,  were  spoken,  but  he  must  prove  the  very  words.  The 
more  general  and  vague  the  description  of  the  offence  in  the  article 
by  which  it  is  punished,  the  more  particular  and  minute  must  be  the 
specifications  in  the  accusation  of  the  facts  and  circumstances,  in- 
tended to  be  proved  in  support  of  it.  'Tis  agreed,  on  all  hands, 
that  there  must  be  the  same  precision  and  the  same  minuteness, 
(and  in  many  instances  greater  minuteness,)  as  in  indictments,  in  the 
civil  courts.  One  author,  Mr.  Tytler,  a  Scottish  advocate,  and  of 
course  a  civilian,  would  rather  compare  it  to  a  libel,  (which  is  equi- 
Talent,  in  the  tribunals  under  the  civil  or  Roman  law,  to  an  indict- 
ment or  criminal  information  at  common  law,)  because  the  libel 
deals  in  more  minute  and  diffuse  specifications  of  the  facts  and  cir- 
cumstances charged,  and  'tis  certain  that  a  Court  Martial  more  re- 
sembles a  tribunal  of  the  civil  law,  than  of  the  common  law,  since 
the  members  unite,  in  their  own  persons  the  character  both  of 
Judge  and  juror  — (a) 

The  rationale  of  the  rule  is  the  same  in  all  courts  :  which  is, 
that  the  prisoner,  being  thus  minutely  informed,  under  what  law,  for 
what  offence,  and  of  what  facts,  he  is  accused,  may  duly  prepare 
himself  for  his  trial.  In  the  same  spirit,  'tis  required,  that  he  be 
furnished  with  a  true  copy  of  the  charges  and  specifications,  and  the 
names  and  descriptions  of  the  witnesses,  for  the  prosecution,  in  due 
time  before  his  trial.  The  object  of  this  rule  is  not  only  that  he 
may  be  prepared  to  meet  the  matter  of  the  charge  ;  but  to  canvass, 
and  if  necessary  impeach  the  competency  or  the  credit  of  the  wit- 
nesses :  and  after  a  copy  of  the  charges  has  been  thus  served 
upon  the  prisoner,  they  are  unalterable,  but  under  peculiar  and 
extraordinary  circumstances.  (6) 

All  this  is  the  established  /au;  and  practice  of  Courts  Martial,  de- 
duced from  the  strongest  analogies  of  judicial  justice  ;  and  on  the 
best  authorities,  deduced  from  the  most  approved  treatises  upon  the 
law  and  practice  of  such  courts.  But,  in  this  country,  it  does  not 
rest  upon  such  authorities  alone,  but  upon  these  authorities,  recog- 
nized, adopted  and  embodied  into  our  Naval  articles  of  war  :  by 
which  it  is  expressly  enacted  that  the  ;'  person  accused  shall  be  fur- 
nished with  a  true  copy  of  the  charges,  with  the  specifications"  &c. 
(c)  If,  therefore,  the  general  doctrine  required  any  corroboration 
from  statutory  enactment,  here  it  is  ;  for,  in  the  use  of  the  term 
"  specifications,"  everything  is  implied,  that  had  been  authentically 
held  to  be  involved  in  its  true  meaning  and  effect. 

(a)  Adye  p.  1.  ch.  6.  p.  127—3.  Tytler,  ch.  5.  s.  1.  p.  200—218.  McAr- 
thur,  B.  2.  ch.  1.  s.  3.  p.  6 — 12.  Macomb  p.  61 — 3. 

(6)  Adye,  p.  127-8.     Tytler,  p.  217,  24*,  358.     1  McArthur,  281-2,  Ma 
comb,  89,  172. 

(c)  Vid.  Laws  U.  S.  Vol.  3,  p.  358,  Art.  38. 


423 

Now  let  this  2nd  charge  and  its  specifications  be  brought  to  the 
test  of  these  rules. 

First  of  all,  us  an  indictment  or  information,  for  an  offence  cog- 
nizable  by  a  Court  of  Common  Law  ;  it  is  impossible  for  any  lawyer 
to  hesitate  one  instant  in  pronouncing  that  it  would  be  utterly  vi- 
cious and  void  :  not  for  the  want  of  any  forms  or  solemnities,  merely 
technical,  but  for  the  most  essential  and  palpable  defects  of  matter 
and  !>ubstance. 

Then,  by  this  test,  it  fails  ;  there  is  a  plain  and  incurable  failure  ; 
the  whole  must  be  rejected  and  set  aside. 

But  let  the  context  be  minutely  examined  and  tried,  by  the  loosest 
rules  that  the  greatest  latitudinarian  in  military  jurisprudence  could 
desire. 

Before  its  validity,  as  the  description  of  any  offence,  within  the 
terms  of  the  Naval  Articles  of  War  can  be  determined,  its  meaning 
must  be  ascertained  ;  and  that  is  the  most  uncertain,  obscure,  and 
perplexed  imaginable. 

The  charge  itself,  considered  separate  and  apart  from  the  speci- 
fications, consists  of  two  members,  but  both,  'tis  presumed,  intend- 
ing the  same  identical  act  or  offence,  and  only  describing  it  withsu- 
peradded  aggravations  :  the  conduct  imputed  was  unbecoming  an 
officer,  because  it  was  insubordinate. 

The  first  member  of  the  charge  is  "  insubordinate  conduct ;" — 
and  here  we  are  at  sea,  without  chart  or  compass :  for  the  conduct 
imputed  to  the  accused  is  characterized  by  an  epithet  unknown  to 
our  language.  Being  unable  to  discover  it  in  any  vocabulary,  or  in 
any  document  of  the  language,  either  of  science  or  of  general  lit- 
erature, it  was  presumed  to  be  a  term  of  art,  and  peculiar  to  the 
art  military.  But  no  research,  in  our  power  to  make,  into  the  nom- 
enclature of  that  art,  has  been  attended  with  any  greater  success- 
The  next  process  was  to  resort  to  the  etymology  of  the  word  ;  and, 
presuming  it  to  be  the  negative  or  privative  of  "  subordinate,"  the 
validity  of  the  charge,  as  a  precise  accusation  under  some  Naval 
Article  of  War,  was  tried  by  that  test.  But  it  was  not  found  that 
the  negative  quality  of  that  adjective  could,  by  any  possibility,  be 
made  out  to  be  such  an  accusation.  Then  presuming  that  the  ad- 
jective "  subordinate"  might  have  some  peculiar  and  technical 
meaning,  distinct  from  what  is  affixed  to  it  in  the  language  of  science 
and  general  literature,  military  dictionaries,  and  other  works 
upon  the  art  military,  have  been  consulted,  but  in  vain,  to  detect 
any  such  technical  meaning.  On  the  contrary,  the  only  book  on 
military  affairs,  (and  that  is  one  expressly  written  on  military  juris- 
prudence,) in  which  our  very  partial  research  has  discovered  the 
word,  uses  it  precisely  in  the  same  sense,  as  it  is  found  in  the  lan- 
guage of  science  and  general  literature  : — that  is,  as  indicating  the 
gradations  in  the  series  of  military  rank  :  (a)  exactly  agreeing 
with  the  definition  of  the  word  given  by  the  best  authorities — "  in- 

(a)  McArthur,  ch.2,  s.l.p. 


424 

ferior  in  order  ;  descending  in  a  regular  series."  So  the  negative 
of  this  quality  would  charge  Commodore  Porter  with  "  conduct  not 
interior  in  order,  not  descending  in  a  regular  series;"  and  under 
what  article  of  war  may  such  conduct  be  brought  ?  The  process 
of  etymology  has  been  pushed  still  further,  in  order  to  discover  the 
true  meaning  of  this  charge  :  the  substantive  "  subordination,"  has 
been  pressed  into  the  service  ;  and  'tis  found  that,  in  military  lan- 
guage, it  has  acquired  a  meaning,  somewhat  different  from  that  by 
which  it  is  generally  defined  and  understood — namely,  an  obedience 
to  orders.  (6)  Then,  if  by  any  legitimate  coinage,  "  insubordinate 
conduct"  could  be  understood  as  expressing  the  negative  of  subor- 
dination, we  have  nothing  more  or  less  than  a  charge  of  "  disobedi- 
ence of  orders,  and  conduct  unbecoming  an  officer  ;"  a  repetition 
verbatim  literatim  of  the  first  charge  ;  for  which  the  accused  is  now 
under  trial. 

Thi*  identity  of  the  Island  second  charges,  thus  elaborated  from 
the  devious  circumlocution  of  loose  analogies  of  the  periphrasis,  sup- 
posed to  be  couched  in  the  terms  of  the  2d  charge,  is  the  most  fa- 
vourable interpretation  ;  for  the  dilemma  is  fairly  put ;  it  must 
have  that  meaning,  or  no  meaning. 

In  that  sense  of  the  charge,  which  of  the  five  specifications,  or 
what  circumstance  in  any  of  them,  squints  at  any  disobedience  of 
orders. 

The  second  member  of  the  charge,  "  conduct  unbecoming  an  offi- 
cer," though  free  from  the  solecism  of  language  apparent  in  the  other, 
is  equally  foreign  to  the  terms  and  definitions  of  any  naval  article 
of  war.  Even,  under  the  extremely  vague  terms  of  the  83d  military 
article  of  war,  (which  is  here  distanced  in  vagueness  and  uncer- 
tainty,) it  would  be  utterly  untenable  :  but,  as  the  naval  code  con- 
tains no  analagous  articles,  there  can  be  less  justification,  here,  of 
this  indefinite  and  unintelligible  charge.  Nothing  is  more  uncer- 
tain, nothing  more  dependent  upon  the  evanescent  caprices  of 
taste  and  fashion,  than  what  may  "  become  an  officer."  It  may  be 
very  unbecoming  in  him,  to  do  a  thousand  of  the  most  innocent  or 
indifferent  things  in  the  world  :  he  may  wear  his  hat,  or  his  sword, 
or  his  coat,  after  a  very  unbecoming  fashion;  what  might  be  very 
becoming  in  a  young  Lieutenant  of  twenty,  might  be  quite  other- 
wise in  the  hoary  veteran  :  in  short,  there  is  no  end  to  the  minute 
instances  in  which  he  m-iy  transgress  the  decorums  of  life,  and  good 
breeding,  without  bringing  himself  within  any  of  the  penal  prohibi- 
tions of  military  law. 

The  charge  itself  being  vicious  and  defective  in  its  terms,  it  be- 
comes, in  a  measure,  useless  to  inquire  into  the  nature  of  the  spe- 
cifications :  for  if  the  charge  falls,  the  whole  substratum  of  the  spe- 
cifications, every  thing  that  gives  them  significancy  or  application, 
is  taken  away 

We  have  not,  however,  stopped  here,  but  have  endeavoured  to 

(fr)  Duanc's  Military  Dictionary,  in  vor. 


425 


found  in  the 


from   explai 
letters."     VVe 
<nthe  charge, 


"  insubo<" 


Jetters  of  °* 
Here'  our  ^difficulty, 

"     "  °PP°Ses  our  r«- 

^f?1^  b7 

definition,  ««  diso- 

mark'  tha"  e"- 
man  miSht  be  ordered 


the  new-coined 

search  after  a 

be.ng  applied  to 

bedience  of  orders  " 

^  might  be 

not  to  write  a  letter 

but  how  the  ito  a 

being  "  insubordinate,"  is  n  .  S  •qUal!t>r  °r  ch«racter  of 

2^w^«^cter»Ucof^I^^Tkne^     NoWl  take 
/"/"-and  what  article  of  war  deno  nrl  '  ««?•  °fbe'n»  "  *»«* 
a  military  offence  ?     Beside"       ,?th!ft?      d'srespectful  letters'' 
and  effect  of  these  letten  *l  Je   for^i     th      t  D°P  the  Substan 
^pectful?  In   what  degree';  k    wha  t  doP     th  *7  are  the^isre- 
and  to  whom  was  it  offered  f     AM  ih  f.srespect  consist  ; 

vaguest  and  mo.t  uncerta  ^n  conje  n^  f  6fh"  'Cal"wl  «"  left  ^  the 
*he  poss.ble  modes  and  degrees  n  which  ,  ES?  ™"l  *?  D°  eud  to 
respectful.  The  disrespectful'  char  Ji5  ,P  h  •  "^  "  deemed  rf«- 
ters,  may  consigt  of  CUPC  !r  here  impnted  to  these  let- 

as  that  mentioned  id  a  certain  ^0L\  ^f^  °f^h  b™**«>S> 
fined  and  fastidious  ^^^^J^J^.  ^ 


contemptuous  orre 


• 

ms,nuation«. 


Besides,  there 


54 


426 

fe  not  in  this  charge,  or  in  any  of  the  specifications,  the  least  sug' 
g*estion,  that  any  disrespect  was  conveyed,  either  by  the  letters,  or 
by  the  insinuations,  to  a  superior  officer,  within  the  meaning  of  the 
13th  naval  article.  But  the  specifications  are  all  so  radically  and 
incurably  detective,  in  other  respects,  that  this  is  scarce  worth 
mentioning. 

2d  specification.  This  might  be  discussed  by  a  single  question — 
namely  :  What  article  of  war,  or  what  other  law,  had  made  it  un- 
lawful,  or,  in  any  sense,  improper,  to  publish  the  proceedings  of 
the  Court  of  Inquiry,  after  that  Court  had  made  its  report — had 
finally  disposed  of  the  subject,  and  had  been  dissolved?  The  pro- 
ceedings of  the  Court  were  necessarily  open  and  public  to  all  the 
world — -all  the  world  was  free  to  publish  them  ;  and  why  not  Com- 
modore Porter  ?  If,  indeed,  it  be  not  a  solecism  in  terms  to  ac- 
cuse him  of  publishing  what  was  already  public,  without  any  agen- 
cy, active  or  passive,  on  his  part. 

This  presents  a  very  different  question,  from  that  of  publishing, 
during  the  progress  and  pendency  of  a  trial,  detailed  reports  of  the 
evidence,  Irom  day  to  day — a  practice  peculiarly  incompatible  with 
the  order  of  proceeding,  and  principles  of  practice,  in  Military 
Courts  ;  and  highly  improper  and  mischievous,  for  many  obvious 
reasons,  in  any  Court.  If  Commodore  Porter  had  violated  the  re- 
spect and  duty  incumbent  on  him,  as  a  party  before  the  Court  of  In- 
quiry, by  making  any  such  obnoxious  publication,  he  would,  doubt- 
less, have  been  called  to  a  summary  account  by  the  Court,  in  the 
exercise  of  its  incidental  power,  to  punish  the  contempts  of  parties 
and  witnesses'.  But  with  the  trial,  every  reason  against  a  detailed 
awl  public  report  of  the  proceedings,  ceased  ;  and,  accordingly,  it 
is  one  of  the  most  ordinary,  and  at  the  same  time,  of  the  most  un- 
questioned rights,  to  publish  such  reports,  after  the  trial.  In  this 
case,  the  functions  of  the  Court  of  Inquiry,  upon  which  such  pub- 
lication might  have  operated  improperly,  had  ceased  ;  and  if  any 
inconvenience  has  been  experienced  in  practice,  from  publications, 
which  may  operate  on  the  deliberations  of  the  Executive,  by  con- 
vincing or  informing  his  judgment,  it  will  be  time  enough  to  punish 
the  act,  when  some  law  shall  have  made  it  an  offence.  In  this  spe- 
cification, then,  is  the  absence  of  every  circumstance,  that  might 
have  shown  how  this  publication  was,  either  actually  or  possibly 
mischievous.  The  nature  of  the  proceedings,  so  published,  and 
the  motives  and  objects  of  the  publication,  are  circumstances  that 
are  altogether  overlooked. 

3d  specification.  "  An  incorrect  statement  of  the  proceedings." 
Here,  again,  we  ask,  what  definite  idea,  either  of  the/ac/,  or  of  the 
gravamen  of  the  charge,  does  this  specification  afford  ?  Whereia 
does  the  incorrectness  consist  ?  Is  it  in  the  punctuation,  the  or- 
thography, tlxp  syntax,  or  any  other  transgression  of  grammatical 
rules  ?  In  what  decree,  and  to  what  extent,  is  it  incorrect  ?  and 
with  what  design  or  motive  was  it  made  so  ?  Is  it  in  material  or  im- 


427 

material  circumstances  ;  from  inadvertency  or  design  ?  Here, 
fcgain,  we  are  left  to  illimitable  conjecture  ;  for  all  these  particu- 
lars, which  should  have  been  distinctly  and  precisely  detailed,  arxl 
set  forth  in  the  charge  and  specifications  ;  and  which,  after  they 
had  been  drawn  out,  in  the  minutest  detail,  could  have  constituted 
no  offence,  cognizable  by  this  Court — unless,  criminal  falsehood 
from  corrupt  or  malicious  motives,  could  have  been  imputed  ;  so 
as  to  make  out  a  charge  of  scandalous  conduct,  &c.  under  the  3d 
naval  article  of  war. 

4th.  Specification.  Here,  we  have  nothing,  but  a  new  version, 
without  the  least  amendment,  in  point  of  minuteness  or  precision,  of 
the  3d  Specification.  It  contains  only  some  additional  aggravation  ; 
but  not  one  additional  fact;  the  aggravation  is  that  the  same  publica- 
tion contained  insinuations,  highly  disrespectful  to  the  Secretary  of 
the  Navy,  and  to  the  Court  of  Inquiry.  This  might,  also,  be  dis- 
posed of  by  a  single  question:  namely,  what  article  of  the  Naval 
code,  makes  any  such  disrespectful  insinuations  criminal  ?  but  it  may 
be  further  asked,  what  passages  of  the  publication  were  fraught  with 
these  insinuations,  and  with  what  insinuations  were  they  fraught  ? 
why  were  not  all  these  particulars  specified,  so  that  the  Court  might 
have  judged,  for  itself,  whether  the  innuendoes  were  legitimate  de- 
ductions from  the  context;  and,  if  so,  whether  disrespectful,  and  in 
what  degree,  and  to  whom  ?  as  it  now  stands,  the  whole  matter  is 
left  so  vague  and  uncertain,  as  to  defy  the  sagacity  of  the  most  ex- 
perienced jury  of  sworn  guessers  :  if,  as  has  been  reported,  but  I 
know  not  upon  what  authority,  there  ever  were,  at  any  time  or  place, 
any  such  auxiliary  to  the  regular  administration  of  justice. 

5th.  Specification.  After  what  has  been  said  of  the  others,  this 
requires  little  or  no  comment.  What  particular  documents  are  here 
alluded  to  and  intended,  under  the  general  description  of  "  official 
communications  and  correspondence,  "  or  of  "  public  orders  and 
instructions  ;  "  whether  there  were  any  injunction  of  secrecy  re- 
specting them,  either  express  from  a  competent  authority,  or  ne- 
cessarily implied  by  their  nature  and  character,  to  whom  they  were 
disclosed  ;  the  time  when,  the  place  where,  and  the  manner  how  ; 
are  circumstances  unexplained,  and  altogether  overlooked  :  which 
it  would  be  vain  to  guess  at  ;  and  if,  perchance,  they  should  be 
come  at  by  the  most  fortunate  and  miraculous  ot'guessers,  they  would 
be  utterly  inconsequential  and  useless,  under  the  existing  frame  of 
the  principal  charge. 

No  one  circumstance,  either  of  the  distinctive  description  and 
identity  of  the  documents,  or  of  the  time,  place  or  manner  of  their 
publication,  is  given  ;  except  that  one  set  is  said  to  have  been 
"  made  public,  "  "  in  the  same  publication,"  referred  to  in  (he  for- 
mer specification  :  and  that  the  other  set,  is  said  to  have  been 
"made  public,  "  "  on  other  occasions,"  within  a  given  period  of  about 
eight  or  nine  months.  Now,  if  every  other  objection  were  out  of 
the  way,  what  should  be  said  to  this  latitude  of  lime ;  in  the  face  of 


428 

the  conclusive  authorities,  above  cited;  (a)  by  which  the  utmost 
latitude  allowed,  (and  that  only  in  extraordinary  cases,  and  from  an 
evident  necessity)  is  an  alternative,  either  of  the  day,  or  of  the 
month,  immediately  preceding  or  succeeding  some  certain  day  or 
month  named  in  the  specification  ? 

The  aim  and  ultimate  end  of  these  objections  are  analogous  to  a 
motion  to  quash  an  indictment,  in  a  Court  of  common  law,  for  any 
inherent  vice  in  its  frame,  which  makes  it  evidently  vain  and  fruit- 
less to  proceed  with  the  trial  of  it. 

The  counsel  would  beg  leave,  in  conclusion,  to  remark,  that,  iu 
raising  these  objections  against  the  regularity  and  the  efficacy  of  the 
procedure  in  this  case,  and  taking  some  pains  to  explain  the  grounds 
of  his  objections,  he  was  actuated  by  public  considerations,  apart 
from  the  particular  interests,  and  unconnected  with  the  personal 
•wishes  and  inclinations  of  his  distinguished  client.     The  principles, 
involved  in  these  objections,  are  certainly  of  general  interest,  and 
permanent  importance  to  the  service  :  and  now,  amid  the  repose  of 
a  profound  peace,   is  the   accepted  time  to  adjust  the  land-marks, 
and  consolidate  the  bulwarks  of  right  and  justice,  in  matters  of  mili- 
tary judicature  ;  to  establish  well  considered  and  safe  precedents  -f 
and  to  supercede  all  such,  if  any  there  be,  as,  amid  the  haste  and 
confusion  of  active  service,  have  been  unadvisedly  and  silently  ad- 
mitted in  practice,  to  the  peril  of  the  individual  security,  the  digni- 
ty and  respectability  of  our  military  establishments.  (6)  All  these 
considerations,  doubtless,  deserve,  and  will  receive  the  deliberate 
attention  of  this  Court :  but  they  are  not  such,  as  alone,  should  have 
determined  the  professional  course  of  the  counsel  in  the  conduct  of 
his  client's  defence.     He  clearly  perceived,  from  the  frame  of  the 
2d  charge  and  its  specifications,  that  the  whole  matter  of  accusa- 
tion, therein  exhibited,  not  being  within  the  prescribed  limits  of  this 
Court's  jurisdiction,  was  necessarily  excluded  from  it :  and,  being 
corurn  non  judice,  the  trial  of  it  would,  necessarily,  be  a  vain  and 
fruitless  consumption  of  time  and  labour  :  it  could  be  brought  to  no 
judicial  decision,  or  conclusion  of  guilt  or  innocence  :  his  client 
could  neither  be  acquitted  nor  condemned.     Under  such  circum- 
stances, it  was  his  imperious  duty  to  quash  a  tedious  and  unpleasant 
discussion  ;  irksome  to  all  who  feel  an  interest  (and  it  is  an  interest 
coextensive  with  the  limits  of  the  country)  in  the  tranquillity  or  rep- 
utation of  the  eminent  and  meritorious  public  functionaries,  involv- 
ed in  the  dispute.     To  the  force  of  these  reasons  Commodore  Por- 
ter has,  at  length,  yielded  ;  after  the  earnest  representations  and 
unequivocal  advice  of  his  counsel,  had  overcome  a  very  natural  and 
unaffected  reluctance  to  do,  or  to  have  done,  in  his  behalf,  any  thing 
that  might  expose  him  to  any  possible  suspicion  of  a  desire  to  evade 
a  trial  of  the  charge  upon  th'e  evidence,     indeed,  enough  may  be 
inferred,  even,  from  the  very  vague  and  unsatisfactory  intimations 
of  the  charge  and  its  specifications  :  from  their  cautious  evasion,  or 

(a)  2  McArthur,  p.  8.  Ty  tier,  p.  214.  (6)  Vid.  Adye,  p.  98. 


429 


iimfd  recoil  from  eve  /-«, 

adverting  to  other  W™**}*™'  without 

We  presumption  of  his  fearing,  o  ha^n?^°onT  f*^  P^ 
detriment  from  the  most  comprehens™  ami"  '  Ieast 

into  this  branch  of  the  accusation  DUte  invest'g»tion, 

*****  of  the  Judge  locate  to  the  preceding  Objections  submitted 
by  Commodore  Porter's  Counsel 


object  of  the  learned  coun- 


"taed        a.ui^hmg?  f  •"  Same>  and  'he  fonns  of  P-cice  cal- 

<Ufferent  a4   -,nH       '      '"  """'  may  We"  be  S°PP<»«<I,  even  in 
age,  and  m  remote  countries  lo 


, 
m  remote  countries,  lo  bear  a  considerable  re- 


430 

semblance  to  each  other.  Still  more  reasonable  is  it  to  presume  ttia? 
the  original  practice  of  military  courts  was  in  a  great  measure  bor- 
rowed from  that  which  had  been  previously  established  in  the  civil 
tribunals  of  the  same  country.  The  principles  of  both  were 
originally  the  same,  the  forms  of  proceeding  were  analogous,  and 
though  modifications  would  inevitably  be  introduced,  from  a  variety 
of  causes,  and  manj'  forms  familiar  to  the  one  be  unknown  to  the 
other,  yet  a  considerable  resemblance  would  continue  to  subsist.  It 
is,  therefore,  generally  laid  down  by  all  writers  on  military  courts, 
that  when  their  own  rules  of  practice  and  principles  of  decision 
are  not  calculated  to  meet  the  exigencies  of  a  particular  case,  refer- 
ence should  be  made  to  the  civil  courts  of  the  same  country  to  sup- 
plv  the  deficiency.  A  reference  ought  perhaps  to  be  made  on  the 
present  occasion,  to  the  practice  of  the  common  law  courts,  and 
the  result  of  such  reference  may  be  widely  different  from  what  is 
contemplated  by  the  accused.  No  principle  of  law  is  better  estab- 
lished in  the  civil  courts  of  our  country,  as  well  those  of  criminal 
jurisdiction,  as  those  which  are  confined  to  the  decision  of  private 
controversies — those  which  are  governed  by  the  principles  of  the 
common  law,  as  well  as  those  which  draw  their  origin  and  derive  their 
principles  of  proceeding  from  the  civil  or  Roman  law,  than  that  the 
accused  in  criminal  prosecutions,  and  the  defendant  in  private  con- 
troversies, may  avail  himself,  by  way  of  defence,  of  a  defect  or  in- 
formality in  point  of  law  in  the  charge  alleged,  or  may  controvert 
the  facts  upon  which  he  is  sought  to  be  convicted.  In  the  case  of 
an  indictment  at  the  instance  of  the  Government,  he  may  deny  the 
facts  with  which  he  is  charged,  or  admitting  them,  may  deny  that 
those  facts  amount  to  a  criminal  offence.  He  may,  to  employ  tech- 
nical language,  either  demur,  or  take  issue  upon  the  indictment.— 
He  cannot,  however,  do  both.  He  cannot  plead  not  guilty  to  the 
indictment,  and  at  the  same  time  controvert  its  sufficiency  in  point 
of  law.  He  may  resort  to  either  defence,  but  cannot  at  one  and 
the  same  lime  adopt  both.  The  rule  is  the  same  in  civil  controver- 
sies, and  the  practice  of  the  civil  law  courts  is  precisely  analogous. 
Conceding  then  that  the  analogy  exists,  for  which  the  accused  so 
Strongly  contends,  and  which  with  certain  modifications  long  and 
well  established,  undoubtedly  exists  ;  it  would  seem  to  follow,  ne- 
cessarily, that  the  accused  in  the  present  instance  has  a  right  which 
it  is  not  intended  to  controvert,  to  make  his  option,  whether  he  will 
demur  to  the  charge,  as  insufficient  in  law,  or  deny  it  as  unfounded 
in  fact.  He  has  chosen  the  former  course,  and  the  consequence  of 
such  election  may  be  ascertained  by  reference  to  the  practice  of 
those  Courts  from'which  his  right  is  derived.  "  If  the  defendant 
demur  to  the  indictment,  whether  in  abatement  or  otherwise,  and 
fail  in  the  argument,  he  shall  not  have  judgment  to  answer  over,  but 
the  decision  will  operate  as  a  conviction."  Such  is  the  doctrine 
laid  clown  by  one  of  the  writers  of  criminal  law  of  the  highest  au- 
thority, (a.]  Unless  in  cases  where  the  punishment  is  death,  in 

(a)  1  Chitty,  301,  (44<2.> 


431 

irhich,  from  principles  of  humanity,  a  greater  latitude  is  allowed, 
a  prisoner  who  demurs  to  the  indictment,  admits  the  facts  with  which 
he  is  charged,  and  rests  his  defence  upon  the  law  alone.  Should  the 
indictment  be  determined  sufficient,  he  is  adjudged  guilty.  The  an- 
alogy then  for  which  the  accused  contends  in  the  present  case 
would,  if  pressed  to  the  extent  to  which  it  must  be  carried,  if  ad- 
mitted at  all,  involve  this  consequence,  that  if  it  should  be  deter- 
mined by  the  Court  that  the  present  charge  and  the  specifications 
under  it,  do  contain  an  averment  of  an  offence  of  which  this  Court 
can  take  cognizance,  he  is  precluded  from  going  into  any  evidence  ei- 
ther of  exculpation  or  mitigation,  but  must  by  the  decision  of  the 
Court  against  the  validity  of  these  exceptions,  be  adjudged  guilty  to  the 
full  extent  of  all  with  which  he  is  charged.  Having  selected  the 
ground  on  which  he  will  rest  his  defence,  the  very  doctrine  tor 
which  he  so  vehemently  contends,  confines  him  to  that,  and  to  that 
alone. 

The  present  application  to  the  Court  is  assimilated  by  the  coun- 
sel for  the  accused  to  a  motion,  sometimes  made  in  criminal  CourtSj 
to  quash  the  indictment.  The  resemblance  is  defective  in  numer- 
ous particulars.  It  will  be  unnecessary  to  refer  to  more  than  one 
which  is  perfectly  decisive  of  this  question,  and  which  is  distinctly 
stated  by  the  same  author  from  whom  I  have  just  quoted.  "It  is 
therefore,  a  general  rule,  that  no  indictments  which  charge  the 
higher  offences,  as  treason  or  felony  ;  or  those  crimes  which  imme- 
diately affect  the  public  at  large,  as  perjury,  forgery,  extortion,  con- 
spiracies, subornation,  keeping  disorderly  houses,  or  offences  af- 
fecting the  highways,  not  executing  legal  process,  will  be  thus  sum- 
marily set  aside."  (6.) 

Another  remark  is  eminently  entitled  to  the  consideration  of 
the  Court,  not  merely  as  strongly  corroborating  the  conclusion  to 
which  I  have  already  pointed,  but  from  its  own  intrinsic  impor- 
tance. At  least  two  of  the  specifications  charge  a  fact,  which  it  is 
presumed,  will  not  be  controverted,  and  the  only  question  which 
could  seriously  be  contested  before  this  Court,  would  be  that  now 
raised  ; — do  the  facts  therein  set  forth,  constitute  offences  far 
which  the  accused  can  be  made  amenable  before  a  military  tribunal. 
It  will  scarcely  be  denied,  and  indeed  the  Counsel  for  Captain 
Porter,  has  intimated  to  me,  that  the  fact  of  publishing  the  pamph- 
let alleged  in  the  second  specification,  and  various  instances  of  the 
facts  averred  in  the  fifth  specification,  will  be  admitted.  The  facts 
being  conceded,  not  merely  by  inference  of  law,  but  literally,  the 
only  question  remaining  is,  do  they  constitute  an  offence  of  which 
this  Court  can  take  cognizance.  The  determination  of  that  ques- 
tion is,  at  all  events,  therefore  to  that  extent,  a  decision  as  to  the  guilt, 
or  innocence,  of  the  accused.  By  the  oath  administered  at  the 
organization  of  the  Court,  the  promulgation  of  the  sentence  of  the 
Court,  is  prohibited  to  each  of  its  members,  and  to  the  Judge  Ad- 

(b)  I  ChittySOS,  (300.) 


432 

vocatc.  if,  therefore,  this  question  should  novr  be  decided,  as 
merely  a  collateral  one,  and  that  decision  not  he  regarded  as  a 
final  determination  of  the  case,  and  as  such  announced  to  the  De- 
partment, the  consequence  seems  inevitable.  So  much  of  the 
sentence  of  the  Court,  as  ascertain?  whether  the  accused  is  or  is 
not  guilty,  is  promulged  contrary  to  the  oath  which  has  been  ta- 
ken. These  considerations  can  scarcely  have  escaped  the  notice 
of  the  very  able  Counsel  of  the  accused  ;  and  it  is  not  to  be  pre- 
sumed, that  the  consequences  which  have  been  pointed  out,  were 
not  anticipated.  At  all  events,  the  Court  has  been  placed  in  this 
dilemma  by  the  accused,  and  upon  him  must  the  consequences  rest. 

I  would  beg  leave,  respectfully,  to  submit  to  the  consideration  of 
ihe  Court,  another  view  of  this  question,  not  confined,  in  its  applica- 
tion to  the  present  case,  but  of  great  and  general  importance.  Mi- 
litary tribunals  are,  as  has  been  conceded  by  the  Counsel  for  the 
accused,  in  many  essential  respects,  courts  of  honour.  Many  of 
the  charges,  which  it  is  usual  to  try  before  them,  involve  conside- 
rations of  infinitely  higher  moment,  to  the  individual  arraigned, 
than  the  mere  punishment  to  which,  if  found  guilty,  he  will  be  ex- 
posed. The  honour  of  an  officer  in  the  Navy,  shculd  be  infinitely 
dearer  to  him  than  any  other  consideration.  The  members  of  such 
Courts  are  far  better  qualified  to  decide  upon  questions  of  this 
character,  than  upon  the  subtleties  of  special  pleading,  or  the  re- 
finements of  verbal  criticism.  It  will  be  a  subject  of  regret  should 
it  become  common  in  the  service,  for  officers  charged  with  conduct 
unbecoming  their  character,  involving  their  personal  honour  and 
veracity,  to  rest  their  defence  upon  technical  formalities  and  criti- 
cal niceties  ;  which,  even  if  allowed  to  protect  them  from  punish- 
ment, will  leave  them  exposed  to  obloquy  and  odium  as  guilty,  in 
point  of  fact,  of  what  is  perhaps  in  inaccurate  language,  alleged 
against  them.  What  gratification  will  it  hereafter  afford,  either  to 
the  high-minded  honourable  gentlemen,  who  usually  compose  a 
Court  Martial,  or  to  the  high-minded  and  honourable  associates  and 
companions  of  one  arraigned  before  them,  for  conduct  unbecoming 
his  rank  and  station,  if  on  the  strength  of  a  precedent  established 
by  such  authority  as  this  tribunal,  the  accused  should  be  absolved 
from  punishment,  because  the  person  who  drafted  the  charges,  has 
committed  a  verbal  inaccuracy,  or  technical  error,  which,  though 
it  may  nullify  the  charge  in  point  of  form,  leaves  the  character  of 
the  accused,  burthened  with  all  the  odium  which  the  accusation 
itself  creates,  augmented  by  the  tacit  admission  of  guilt,  which  is 
involved  by  resting  his  defence,  not  upon  a  denial  of  the  fact,  but  a 
nicety  of  special  pleading  or  a  philological  criticism. 

So  long  as  the  members  of  a  Court  Martial  can  perceive,  that 
the  offence  charged,  is  couched  in  language  sufficiently  perspicuous 
nnd  precise,  to  apprise  the  accused  of  what  he  is  called  upon  to 
answer,  so  long,  it  is  hoped,  will  they  be  averse  to  receive  any  de- 
fence, grounded  upon  mere  defects  of  form.  Such  tribunals  will 
br-  opposed  to  trying  a  brother  officer,  upon  charges  pu/pose- 


433 

ly  couched  in  ambiguous  language,  calculated  to  mislead  or  entrap 
the  accused.  While  they  will  be  disposed  to  exact  on  the  part  of  the 
prosecution,  all  information,  and  every  light  which  can  be  required  by 
th«  prisoner,  fairly  an-l  fully,  to  meet  and  refute  the  charge,  they  will 
be  equally  indisposed  to  demand  that  degree  of  precision  and  formality 
which,  while  it  contrioutes  no  aid  towards  preparing  the  defence, 
or  guarding  against  oppression  or  surprise,  only  enlarges  the  field 
for  the  display  of  ingenious  and  captious  criticism 

When  such  ceases  to  be  the  regulating  principle  of  Courts  Mar- 
tial, all  that  now  constitutes  the  pride  and  honour  of  the  service, 
will  be  at  an  end.  Officers,  instead  of  devoting  their  time  and 
attention  to  their  professional  duties,  instead  of  cherishing  a  lofty 
and  chivalrous  sen-*e  of  honour,  instead  of  encouraging  that  spirit 
and  feeling,  which,  while  it  confers  dignity  and  magnanimity  upoa 
the  superior,  gives  elevation  and  respect  to  the  inferior  in  rank  ; 
will  resort  to  the  quirks  and  quibbles  of  the  special  pleader,  the 
subtle  casuistry  of  the  professional  logician,  or  the  pedantic  re- 
finements of  the  verbal  critic.  How  far  such  a  change  is  desirable 
rests  with  this  Court  to  determine.  With  great  justice  has  it  been 
remarked,  that  the  decisions  of  this  tribunal  will  be  looked  to  with 
respect  and  deference.  Precedents  here  established  will  be  ibllow-A 
ed  hereafter  ;  and  great  weight  will  necessarily  be  attached  to  every 
opinion,  emanating  from  such  high  authority.  An  appeal  of  a  some- 
what personal  kind  was  a  day  or  two  since,  made  to  me.  A  hope 
was  intimated,  and  that  hope  is  now  enforced  by  something  bearing 
the  appearance  of  a  threat,  if  not  gratified,  that  the  Judge  Advo- 
cate would  drop  the  charge,  to  which  exception  has  been  taken. 
It  seems  to  be  intimated  that  an  investigation  would,  or  might,  dis- 
turb the  tranquillity  or  reputation  of  some  eminent  and  meritorious 
public  functionaries  involved  in  the  dispute.  Such  a  step,  under 
these  circumstances,  would  be  repugnant  to  the  wishes,  and  under 
any,  would  be  wholly  beyond  the  powers  as  well  as  incompatible 
with  the  duties  of  a  Judge  Advocate.  The  charges  have  been 
preferred  by  the  Government,  and  by  it  submitted  to  this  Court  for 
adjudication.  The  power  which  preferred  can  alone  withdraw  the 
accusation — the  tribunal  to  which  it  has  been  referred,  can  alone 
judicially  decide  it. 

It  may,  however,  be  observed,  that  the  Government  cannot  be 
supposed  to  be  tenacious  upon  this  subject,  nor  is  the  smallest  so-, 
licitude  felt  by  the  Judge  Advocate  as  to  the  decision  of  this  ques- 
tion. Those  who  alone  are  interested,  are  the  accused  and  others 
belonging  to  the  service  :  and  such  a  decision  as  is  craved  may 
well  be  deprecated  by  them.  The  offences  charged,  are  such  as 
the  government  possesses  ample  means  to  punish.  It  can  vindicate 
its  own  authority,  and  protect  itself  from  contumelious  or  insulting 
language.  Disrespectful  conduct  and  letters,  to  the  Head  of  the 
Navy  Department,  have  heretofore  been  punished  without  the  in- 
strumentality of  a  Court  Martial,  and  may  be  again.  If  this  Court 
shall  determine,  that  such  conduct  and  such  language  constitute 
55 


434 

no  offence,  of  which  it  can  take  cognizance,  the  consequences  of 
that  decision  will  be  felt,  and  felt  only  by  those  belonging  to  the 
service.  The  Government,  instead  of  submitting  cases  of  this  de- 
scription to  the  determination  of  such  a  tribunal,  instead  of  bring- 
ing those  who  have  offended,  before  their  peers,  for  a  fair  and  im- 
partial trial,  will  be  compelled  by  the  principle  of  self  preserva- 
tion, to  exercise  the  power  which  it  possesses,  of  punishing  the 
offenders.  The  act  of  submitting  this  case,  therefore,  to  this 
Court,  so  far  from  being  a  measure  at  which  the  accused  ought  to 
take  exception,  should  be  received  by  him  in  the  same  feeling  in 
which  it  was  done.  The  only  object  was  to  afford  him  an  oppor- 
tunity of  submitting  to  the  impartial  determination  of  his  peers, 
whether  any  justification,  any  extenuation,  any  apology ;  could  be 
offered  for  conduct,  which,  in  itself  seemed  so  highly  reprehen- 
sible and  so  deserving  of  punishment.  If  this  Court  shall  deter- 
mine that,  in  point  of  law,  every  officer  in  the  Navy  may,  without 
violating  any  article  of  the  Naval  code,  and  without  subjecting  him- 
self to  punishment,  before  a  military  tribunal,  write  disrespectful 
and  insubordinate  letters  to  the  President  of  the  United  States,  and  to 
the  Secretary  of  the  Navy;  may  publish  to  the  world  his  orders 
and  instructions  from  the  government,  and  his  correspondence  with 
the  Department ;  may  publish  accurate  or  inaccurate  statements  of 
the  proceedings  of  Courts  of  Inquiry,  while  the  same  are  under 
advisement  of  the  Executive  ;  may  make  charges  and  insinuations, 
not  warranted  by  the  facts,  highly  disrespectful  to  the  Secretary 
of  the  Navy  and  the  members  of  a  Court  appointed  to  investigate 
his  conduct — so  let  it  be.  The  individual,  charged  by  the  govern- 
ment with  such  insubordinate  conduct,  should  be  the  last  to  desire 
to  withdraw  such  an  accusation  from  the  decision  of  his  brother 
officers. 

On  this  occasion,  as  on  all  others,  in  which  it  prefers  charges, 
the  Government  has  expressed  its  opinion  that  the  acts  which  the 
accused  is  alleged  to  have  committed,  are  reprehensible,  and  de- 
serve punishment.  All  charges  brought  before  a  military  tribunal, 
necessarily  involve  the  idea,  that  the  person  who  prefers  them^ 
conceives  the  facts  set  forth  to  be  criminal,  to  the  extent  in  which 
they  are  so  charged,  unless  some  circumstances  of  justification  or 
mitigation  can  be  presented.  The  single  object  of  submitting  the 
Charges  to  the  consideration  of  the  Court,  is  to  ascertain  judicially, 
whether  or  not,  he  has  acted  as  he  is  charged  with  acting,  and 
whether  he  was  justified  by  the  circumstances  in  which  he  was 
placed,  in  so  acting.  In  the  present  instance,  an  opportunity  has 
been  afforded  to  the  accused  before  this  high  tribunal,  of  proving  that 
he  was  authorized  to  use  the  language  which  is  accused  of  being 
disrespectful  ;  that  the  assertions  and  insinuations  alleged  to  be  not 
warranted  by  the  facts  were  true — and  that  he  was  justifiable  in  the 
conduct  which  is  charged  to  be  reprehensible.  Instead  of  availing 
himself  of  this  opportunity,  he  insists  that  these  allegations,  if  true, 
no  matter  to  which  he  can  be  called  upon  to  answer  before 


435 

a  Court  Martial.  He  rests  his  defence  upon  the  law,  and  by  the 
Jaw  his  case  must  be  decided. 

I  shall  now  proceed  briefly  to  examine  the  objections  both  gene- 
ral and  particular,  that  have  been  urged,  and  shall  endeavour  to  sa- 
tisfy the  Court  by  reason,  by  positive  enactment,  and  by  prece- 
dents of  high  authority,  that  this  charge,  and  each  and  every  of  the 
specifications,  are  sufficient  in  point  of  law. 

On  the  present  occasion  it  may  be  considered  as  superfluous  to 
disprove  the  correctness  of  a  general  position  which  has  been  as- 
serted with  so  much  confidence  by  the  very  able  counsel  for  the 
accused,  that  no  offence  can  be  tried  before  a  Court  Martial,  but  one 
which  is  specially  prohibited  by  some  positive  statutary  enactment. 
To  shew  that  the  learned  counsel  has  been  in  this  particular  not 
quite  so  accurate  as  might  have  been  expected  from  his  known  ac- 
complishments anJ  varied  erudition,  I  shall  beg  leave  to  cite  a 
single  passage  from  an  author  to  whom  he  has  frequently  referred. 
Mr.  Tytlor,  after  quoting  the  36th  section  of  the  British  Mutiny 
act,  thus  proceeds  to  comment  upon  its  provisions. — "  Although  it 
follows  from  these  clauses,  that  no  crime  which  is  mentioned  and 
defined  by  the  articles  of  war,  is  punishable  by  a  Court  Martial  in  any 
other  manner  than  that  which  is  specially  directed  by  those  articles; 
yet  it  does  not  follow  that  there  are  no  crimes  punishable  by  a 
Court  M  trtial,  but  such  ns  are  enumerated  and  declared  to  be  pun- 
ish-ible  by  the  articles  of  war."  (a)  He  then  proceeds  to  shew 
that  a  Court  M;irtial  may  inflict  punishment  for  any  breach  of  the 
regulations  or  orders  respecting  the  army,  though  nothing  touching 
the  same  should  appear  in  the  Mutiny  act  or  articles  of  war.  '  In 
the  following  page  he  continues — "  But  there  are  offences  which 
admit  of  no  precise  definition,  and  yet,  which  in  the  military  pro- 
fession, are  of  the  most  serious  consequence,  as  weakening  and 
subverting  that  principle  of  honour  on  which  the  proper  discipline  of 
the  army  must  materially  depend.  Of  these,  a  Court  Martial,  which 
is  in  the  highest  sense  a  court  of  honour,  are  themselves  appointed 
the  sole  judges,  or  rather  the  legislators  ;  for  it  is  in  their  breasts  to 
define  the  crime,  as  well  as  to  award  the  punishment." 

Every  officerin  the  Navy,  occupies  a  particular  relation  with  the 
President  of  the  United  States,  his  commanding  officer,  by  whose 
appointment,  and  at  whose  pleasure  he  holds  his  commission.  Ma- 
ny instances  of  crimes  of  a  military  character  might  be  enumerated, 
Which  are  not  in  terms  prohibited  by  any  code  of  Naval  law.  Ma- 
ny military  offences  it  would  be  impossible  to  define,  with  the  same 
accuracy  with  which  offences  at  common  law  are  defined.  Many 
are  wholly  dependent  upon  the  relationship  which  subsists  between 
the  officer  and  his  superior.  Among  these  is  insubordination,  a 
term  perfectly  well  understood,  both  in  civil  life  and  in  military 
service.  The  definition,  or  rather  description  of  subordination, 
fans  been  given  with  great  accuracy  in  one  of  the  works  to  which 
the  learned  counsel  has  referred,  and  it  will  hereafter  be  particu- 

(o)  p.  107—8, 


436 

laity  cited.  Without  subordination  no  service  can  exist,  no  disci- 
pline be  enforced,  no  harmony  preserved.  It  is  peculiarly  a  mili- 
tary duty,  though  by  no  means  exclusively  so.  The  general  peace 
of  society,  the  domestic  tranquillity  of  families  cannot  co-exist  with 
insubordination.  The  general  meaning  of  the  term  subordination, 
may  be  distinctly  comprehended,  but  it  would  be  impossible  to  enu- 
merate all  the  cases,  much  less  to  describe  them  with  logical  accu- 
racy, in  which  an  officer  may  be  guilty  of  insubordination.  The 
meaning  of  the  term  being  comprehended,  and  no  soldier  can  long 
remain  ignorant  of  its  signification  or  of  the  necessity  for  enforcing 
it,  its  application  to  particular  cases,  must  be  determined  by  the 
sound  discretion  of  the  Court.  In  this  respect,  it  is  analogous  to 
mutinous  conduct,  disobedience  of  orders,  &c.  which  must  always 
and  necessarily  be  equally  vague  and  indefinite,  and  be  equally  ap- 
plicable to  a  thousand  wholly  dissimilar  actions. 

So  also,  in  regard  to  conduct  unbecoming  an  officer,  or  as  the 
same  idea  is  frequently  expressed  in  military  books,  and  before  mi- 
litary courts,  unofficer-like  conduct,  a  form  of  expression  which, 
though  perhaps  not  found  in  any  vocabulary,  is  as  intelligible  as  any 
other  in  the  language.  Whether  any  particular  act  merits  this  epi- 
thet, can  scarcely  be  a  matter  of  serious  doubt  among  officers  whose 
own  characters  and  demeanour  clearly  demonstrate  that  they  per- 
fectly well  understood  in  theory,  and  never  omit  in  practice,  a  con- 
duct which  becomes  their  rank  and  station.  If  doubts  on  such  a 
question  should  arise,  they  will  never  be  solved,  nor  will  the  minds 
of  the  members  of  the  tribunal  whose  duty  it  is  to  decide  them  be 
illuminated,  by  special  pleading  or  verbal  criticism.  The  instances 
are  numerous  in  which  officers  in  our  own  service  have  been  ar- 
raigned before  military  courts  for  acts  which  are  stigmatised  as  un- 
becoming their  station,  and  perhaps  it  would  be  difficult  to  conceive 
a  more  complete  disqualification  for  holding  a  commission,  than  an 
actual  ignorance  of  the  meaning  of  these  phrases. 

The.  learned  Counsel,  in  commenting  upon  this  charge,  has  al- 
leged that  "  the  conduct  imputed  to  the  accused,  is  characterised 
by  an  epithet  unknown  to  our  language  ;"  and,  after  exhausting  his 
critical  talents  in  conjecturing  its  meaning,  he  comes,  at  last,  to  the 
conclusion,  that  the  signification  to  be  attached  to  it,  the  most  fa- 
vourable to  the  prosecution,  is,  that  as  subordination  has,  by  one 
single  author,  been  made  to  signify  obedience  of  orders,  insubordi- 
nation, or  insubordinate  conduct,  must  mean  disobedience  of  orders. 

Without  indulging  the  idle  expectation,  that  it  will  be  in  my 
power  to  compete  with  the  ingenious  gentleman  in  his  philological 
researches,  or  to  do  full  justice  to  a  specimen  of  verbal  criticism, 
which,  however  suitable  an  appendage  to  the  Diversions  of  Parley, 
seems  to  have  wandered  out  of  its  proper  sphere,  when  it  found  its 
way  into  the  proceedings  of  a  Court  Martial,  I  must  beg  the  indul- 
gent attention  of  the  Court  to  a  few  remarks. 

One  of  the  most  beautiful  and  philosophic  writers,  whose  works 
embellish  English  literature,  commenting  upon  a  similar  effort  of  in- 


genuity,  asserts  that  it  proceeds  «  on  a 

total  misconception  of  the  nature  of  3,  *ap.pMltlOB»    o  on  a 

the  histor 


naure  o      ,       . 

the  history  ^l^gSS^^  Wbich'  in 
words,  and  which,  often/  by  sow  and  i  Ju™^  '°  the  S:'me 
them  to  such  a  distance  from  thei  prSe  or  S?T8'  ^^ 
no  ingenu.ty  can  trace  the  successive  Jt"r  nf  fh  "'  Sense'  that 
The  signification  which  the  learned  Com  h  proSress'"  («) 

has    uote 


e  sgncaton  which  the  learned  Com        h  ess'       « 

buted  to  the  words  MferrifcfltT!!?  IA  T  has  ^uoted  «"«  attYi- 
ble;  I  shall,  1»<S^S^&S^!^  iS  uoobJ^tiona- 
thorities,  in  a  sense  perfectTy'  app  oprSe  to^  yed  **  hi«h  au' 
In  the  report  made  bv  General  Sr!  ^  »  •  ^re'ent  occasion. 
fieidserv.ee  and 


an     Pl  ° 

on  a  breach  of  that  subordination     thTi  is  con?      ^  C0™^™t 
or  breach  of  some  duty  "  consequent  on  a  neglect 


,  ,  em. 

tary  Dictionary,  quoted  by  theleTredCn  "T*  \D™*''  M«i- 
"  A  perfect  submission  to  the  orLrs  n  ?°n8e1'  !'  tt  th««  Ascribed  : 
pendence,  regulated  by  the  r^hts  "d  ^r^T™  '  *  P6rfect  de' 
-from  the  soldier  to  the  genera  S  ,h  f*  °^every  mi'itur^  m:'n 
spirit  of  the  chief  in  SRiS^^3hS±T  1  "/"  ^^  the 
manifest  to  the  dullest  apprebewk*'  Sffi^  »g  C  lde?'  which  " 

soul  and  harmony  to  the  service  •  i't  Ll,  lb°rd'natlon  that  gives  a 
merit  to  obedienc'e  ;  and  wh  Te  i't  ecurt  the"!  ffiV°  mtP**>  ™d 
reflects  honour  upon  its  execution  if  K  ^  Cy  of  comnr>and, 


In  the  2d  vol.  of  Marshall's  Life  of  Washington   D   24  <;   fi    A  , 

eminent  authority  remarks "  Thp         <       lugi°n,  p   ^45,  6,  that 

in  a  sjtafe.  fifoim*!*  army  was  consequently  founH 

*u  d  sidtt?  OI  3JCOOSL  f*fl tl PP  rl icnT*n*o  *•*  j  i  »7      "uiju 

3^=^t5SS£SSa?S 

terms  for  which  enlistments  had  been  made  '^  ^  the  Sh°rt 

<«)  Stewart's  Philos.  Ess.  239. 


438 

tained  by  the  foregoing  citations,  which  have  been  introduced,  for 
the  purpose  as  well  of  showing  the  military  sense  of  the  terra,  as 
the  high  importance  of  the  military  duly  of  subordination  ;  it  would, 
perhaps,  be  unnecessary  to  consume  time  in  shewing,  by  reference 
to  equally  high  authorities,  the  meaning  of  the  word,  and  the  dan- 
gerous character  of  insubordination.  It  might  be  sufficient  to  quote 
from  Dr.  Johnson's  preface  to  his  Dictionary,  a  single  passage,  to 
shew  why  this  term  is  not  found  in  any  vocabulary  of  our  language, 
if  such  indeed  be  the  fact.  That  learned  lexicographer  observes — 
'"  of  some  forms  of  composition,  such  as  that  by  which  re  is  prefixed 
to  denote  repetition,  and  un  to  signify  contrariety  or  privation,  all  the 
examples  cannot  be  accumulated,  because  the  use  of  these  parti- 
cles, if  not  wholly  arbitrary,  is  so  little  limited,  that  they  are  hourly 
affixed  to  new  words,  as  occasion  requires,  or  is  imagined  to  re- 
quire them." 

I  shall  however,  cite  a  few  examples  of  the  use,  as  they  will 
serve  to  shew  the  signification  of  the  word. 

The  Chief  Justice,  in  the  2d  volume  of  his  Life  of  Washington, 
p.  327,  speaking  of  the  character  of  the  American  troops,  at  an 
early  period  of  the  revolutionary  struggle,  observes — "  A  spirit  of 
insubordination  seemed  to  pervade  the  whole  mass."  In  page  366, 
referring  to  the  condition  of  the  American  army  in  Canada,  under 
the  command  of  General  Sullivan,  he  observes,  "  the  whole  were 
in  a  state  of  total  insubordination," 

The  word  is  employed  repeatedly  by  the  very  able  and  ac- 
complished gentleman,  who  prepared,  as  counsel,  the  defence  of 
Lieut.  Kemion.  In  p.  75  of  the  report  of  that  case,  he  says,  "  Do 
not  believe  I  am  an  advocate  for  insubordination.  If  one  expres- 
sion of  that  character  can  be  found  in  my  letter,  I  merit  punish- 
ni'-nt.  and  will  patiently  endure  it."  In  p.  88  :  "  The  testimonial 
which  thie  Court  has  deigned  to  afford  me  by  their  evidence,  per- 
mits me  to  say,  and  to  say  proudly,  that  1  have  never  dishonoured 
it  by  one  act  of  insubordination,  or  the  smallest  departure  from 
duty."  In  p.  91  :  "  Discipline  is  exposed  to  two  foes,  coming  from 
opposite  quarters,  and  assailing  it  at  different  points.  Insubordina- 
tion, \vhich  founded  on  man's  natural  impatience  of  control,  often 
leads  the  inferior  to  resist  necessary  authority,  &c."  Again,  in  the 
same  page  ;  "  If  insubordination,  in  its  restlessness,  has  sometimes 
raised  its  arm  against  rightful  authority,  &c."  And  in  p.  92  : 
**  i  venture  to  anticipate  such  a  decision  as  will  remove  this  unfound- 
ed opinion,  maintain  the  true  discipline  of  the  Navy,  and  convince 
all  grades  of  service  that,  though  insubordination  will  always  receive 
its  merited  punishment,  oppression  will  find  neither  countenance 
nor  impunity."  On  the  same  trial,  the  sentence  of  the  Court, 
drawn  up  by  the  Judge  Advocate,  bearing  the  same  name  with  the 
learned  Counsel,  whose  ingenious  criticisms  have  given  occasion  to 
this,  I  fear,  tedious  examination,  and,  as  I  understand,  nearly 
allied  to  him,  contains  this  sentence  :  "  The  Court  cannot,  by  its 
silence,  give  sanction  to  sentiments,  which,  though,  clothed  it>  the 


433 

mantle  of  aflefence,  are  calculated  to  diffuse  principles  of  insubor- 
dination in  the  Navy." 

A  single  reference  to  an  English  work  will  be  sufficient.  Mr, 
Tytler,  whose  learning  has  been  highly  commended,  and  whose  au- 
thority has  been  recognized  by  the  learned  counsel,  in  p.  86,  7,  of 
his  treatise,  says,  speaking  of  Cromwell :  "  Finding  that  the  whole 
army  would  be  speedily  in  a  state  of  anarchy  and  total  insubordi- 
nation, he  determined,  by  a  daring  exertion  of  power,  to  remedy 
this  alarming  disorder." 

After  these  citations,  I  feel  myself  fully  warranted  in  saying,  that 
if  the  word  insubordination  had  been  employed  instead  of  the 
phrase  insubordinate  conduct,  no  possible  exception  could  have  been 
taken  to  it,  either  as  "  a  solecism  in  language,"  or  indefinite  in  its 
signification.  I  will  respectfully  submit  to  the  Court  whether  it  is 
possible  even  for  the  microscopic  perceptions  of  the  learned  coun- 
sel to  distinguish  the  difference  between  them.  The  signification 
of  both  is  the  same,  and  the  obvious  meaning  to  be  attached  to  ei- 
ther form  of  expression  is,  such  conduct  as  is  wholly  unsuitable  to 
the  relation  which  subsists  between  the  person  guilty  of  it,  and  his 
superior  in  rank  and  authority, 

As  has  been  already  intimated,  my  object  in  multiplying  quota- 
tions, has  been  not  merely  to  shew  the  propriety  and  legitimacy  of 
the  expression  employed  in  this  charge,  but  a'so  to  establish  the 
next  position  upon  which  1  shall  proceed  to  make  an  additional  re- 
mark, that  subordination  is  a  high  military  duty,  and  insubordination 
a  high  military  offence.  It  has  been  shewn  that,  by  the  1st  article" 
of  the  regulations  for  the  government  of  the  Navy,  all  command- 
ers of  vessels,  &c.  are  strictly  enjoined  to  shew  in  themselves  a 
good  example  of  virtue,  honour,  patriotism,  and  subordination. — 
Why  this  injunction,  if  those  to  whom  the  example  is  set  are  not 
bound  to  follow  it  :  if  insubordination  or  insubordinate  conduct  be 
not  a  military  offence  ?  To  require  that  the  military  law  should 
specially  enjoin  subordination,  or  prohibit  insubordinate  conduct, 
would  be  as  wise  as  to  require  that  a  particular  statute  should  be 
passed,  specially  forbidding  the  violation  of  any  law,  and  requiring 
obedience  to  law.  Every  citizen,  independently  of  special  enact- 
ment to  that  effect,  by  entering  into  the  social  compact,  by  the  very 
act  of  becoming  a  member  of  the  community,  engages  to  obey  the 
laws  of  that  society  to  which  he  has  attached  himself.  In  like 
manner,  every  soldier,  by  connecting  himself  with  the  service,  as- 
sumes upon  himself  the  obligation  lo  perform  the  military  duty  of 
subordination. 

A  man  accused  before  a  court  of  common  law,  or  before  a  Court 
Martial  of  treason  or  murder,  may  with  equal  shew  of  reason  demand 
to  have  the  particular  statute  pointed  out,  which  prohibits  those  high 
offences.  None  such  can  be  produced.  In  the  law  of  God  is  found  the 
prohibition  "  thou  shalt  do  no  murder  ;"  it  has  not  been  introduced 
into  any  statutory  code  of  social  or  municipal  law,  with  which  1  am 


! 


440 

acquainted.     The  prohibition  in  them  is  tacit,  the  offence  is  des- 
cribed, and  the  punishment  affixed. 

It  is  said,  however,  that  the  language  of  this  charge  is  too  vague 
and  equivocal  :  that  it  does  not  apprise  the  accused  of  what  he  is 
called  upon  to  answer.  Numerous  authorities  have  been  cited  to 
enforce  and  illustrate  this  position.  A  reference  to  them  will  shew, 
thai  the  learned  counsel  has  required  far  more  minuteness  of  detail 
than  is  warranted  by  any  writer  upon  military  law,  or  by  the  prac- 
tice of  courts  martial.  Tytler,  in  the  passage  read  by  the  learned 
counsel,  p.  213,  speaking  of  the  only  instance  in  which  the  British 
military  code  enjoins  a  particular  specification,  says — "  it  might 
perhaps  be  argued  that  in  other  crimes  such  specification  is  not 
essentially  necessary  :  and  it  must  be  owned,  that,  in  practice,  it  has 
too  frequently  been  dispensed  with,  and  a  general  charge  allowed,  as 
of  mutiny,  disobedience  of  orders,  disrespectful  conduct  to  superi- 
or officers,  &c.  But  the  generality  of  such  charge,  although  it  may 
not  be  absolutely  reprobated  by  the  military  law,  or  amount  to  an 
avoidance  or  annulling  of  the  indictment,  affords,  in  every  case,  a 
competent  and  weighty  objection  upon  the  part  of  the  accused, 
which  he  may  urge,  to  the  effect  of  having  the  charge  rendered 
special,  by  a  pointed  detail  of  the  particular  facts  on  which  it  is 
founded."  The  same  idea,  in  the  same  language,  may  also  be  found 
in  McComb's  Treatise.  From  this  passage  it  clearly  appears,  that 
a  prisoner  may  be  arraigned  before  a  Court  Martial,  upon  the  gene- 
ral charge  of  mutinous  conduct,  disobedience  of  orders,  and  the 
like,  without  any  specification  ;  that  such  generality  of  language 
does  not  vitiate  or  annul  the  indictment,  as  it  has  been  termed  ; 
and  that  the  only  course  by  which  the  accused  can  remedy  or  guard 
against  the  inconvenience  to  which  he  may  be  thereby  subjected,  is 
to  require  of  the  prosecutor  particularly  to  specify  the  facts  which 
he  intends  to  prove  by  testimony.  In  the  present  instance,  there- 
fore, the  accused  would  be  unable  to  succeed  in  his  present  appli- 
cation to  the  Court,  if  the  charge  had  been  as  general  as  it  now  is, 
and  unaccompanied  by  any  specification  of  the  circumstances  in 
which  the  alleged  criminality  consists.  If  he  apprehended  incon- 
venience, or  surprise,  he  might  have  applied  to  the  Court  to  re- 
quire such  detail,  before  he  undertook  to  plead  to  the  charges. 

The  learned  counsel  has  indeed  intimated  that  this  cannot  be  done 
in  this  country,  because  one  of  the  articles  for  the  better  govern- 
ment of  the  navy,  prohibits  any  alteration  in  the  charges,  after  the 
same  have  been  furnished  to  the  accused.  To  this  remark,  two 
very  sufficient  and  conclusive  answers  present  themselves.  First — 
The  statement  of  the  prosecutor,  under  the  order  of  the  Court,  of 
the  particular  evidence  by  which  he  designs  to  substantiate  the 
general  charge,  neither  is  an  alteration  of  such  charge,  nor  does  it 
require  such  alteration  to  be  mode  ;  it  is  a  wholly  extrinsic  act. — 
Secondly — This  provision  is  made  for  the  sole  protection  of  the  ac- 
cused, and  no  principle  of  law  is  more  clearly  settled,  than  that  any 
ooe  may  renounce  the  benefit  of  a  statutory  provision  designed  for 


441 


-  * 


ion  of  charactr  "  «nJ?  a>De'  the  first  charge  was 
,  and  scS  ^condu  t  "'^  Unoffi-Hike,  £  *£ 
shew  that  such  a  charge  aa  has  been  J~?e  C??9  are  8ufficifint  to 
stance  „  as  weJl  establlhed  ^JSiSfc^  '"  the  present  in' 
have  shewn  it  to  be  by  a  reference  to  w  >  °UF  °Wn  Service'  as  J 
authority  U  JtS|  WntCrS  °n  militaO'  law,  of 


caasperft 

by   itself.      Connected  with  the  JES**?  IMuIated'  and  sta^' 
particular  instances  in  wh  ch  the  cClT'^  Which  Point  out 
leged  to   be  insubordinate    and  „  l  °f  the  accu*ed  is  al- 

scarce,  have  been  indu  Ted  5^2±Sfif£  Officer'  he  C0uld 
which  he  might  choose  to  appear  ^hTLh  r  Partlcular  ^ress  in 
or  hat,  or  the  other  minor  K^n  f±°rn  °J  WearinS  his  «^rd 
routine  of  society  to  which  refill  K  i.  '°n'  °r  the  comm™ 
t.ous,y  made,  co,fld  hS^bSS^^  SP°rtive1^  and  fkce- 
wh«ch  he  had  rendered  him"e  f  '  ±,1^  P"rtlcular  insta""«  '» 

Vagueness  and  indistinctiven^ss  a  ludPr?;  °K  th'S  char«e-  A11  the 
a  reference  is  made  to  the  pJ  tlcnl  ^6d  t?^thecounsel-  vanish  when 
tions  of  this  charge.  I  •!  Tot  bv  L  h'  ^  '"  the  Specifica' 


bv 
fewf0     ^^  3nd  Submit  ^  the  con- 


.hat  have  gemsu 


142 

It  is  objected  to  this  specification,  that  it  does  not  set  out  the  language 
alleged  to  be  disrespectful,  and  that  it  does  not  charge  any  oflence, 
cognizable  before  a  Court  Martial.  It  is  somewhat  singular  that  such 
an  exception  should  now,  for  the  first  time,  be  presented  to  the  con- 
sideration of  a  Court  Martial.  In  the  case  of  Lieutenant  Abbot,  the 
third  specification  is  in  the  following  words  :  "  In  that  he  did,  dur- 
ing the  time,  on  the  station  aforesaid,  on  or  about  the  llth  day  ot 
January,  last  past,  address  a  letter  to  the  Secretary  of  the  Navy, 
covering  a  communication  written  in  his  own  hand  writing,  or  by 
his  direction  and  request,  containing  numerous  false,  scandalous,  and 
malicious  charges,  against  his  superior  officer,  Captain  Isaac  Hull,  cal- 
culated to  deprive  the  said  Captain  Hull  of  his  honourable  fame." 
Here  a  letter  is  referred  to  by  its  date  only,  as  containing  charges  of 
a  very  serious  character,  against  the  individual  therein  mentioned, 
but  not  a  word  of  that  letter  is  recited  in  the  specification.  The 
charge  and  specifications,  in  that  case,  were  drawn  up  and  signed  by 
Captain  Porter,  in  his  official  character  as  Navy  Commissioner. — 
The  Court,  consisting  of  members,  of  whose  intelligence  and  ca- 
pacity, it  would,  on  this  occasion,  be  indelicate  to  speak,  as  three 
of  them  are  now  sitting  on  this  case,  tried  Lieutenant  Abbot,  found 
him  guilty,  and  sentenced  him  to  be  punished  on  this  specification. 
Neither  the  accused,  nor  the  very  eminent  counsel  concerned  in  his 
behalf,  William  Sullivan  and  Samuel  L  Knapp,  Esquires,  ever  con- 
ceived that  it  was  necessary  to  set  forth  those  passages  in  the  letters, 
which  were  deemed  reprehensible  ;  and  it  escaped  the  observation 
of  the  Secretary  of  the  Navy,  now  one  of  the  judges  of  the  Su- 
preme Court  of  the  United  States.  If  the  objection  in  the  present 
case  is  sustainable,  with  how  much  propriety  and  force  might  it  not 
then  have  been  urged  ?  So,  in  the  case  of  Lieutenant  Kennon,  in 
which  also  the  same  prosecutor  preferred  the  charges,  and,  on  the 
trial,  of  which  three  of  the  members  of  the  present  Court  sat,  the 
first  specification  charged  the  accused  in  a  still  more  vague  and  ge- 
neral manner,  than  Captain  Porter  is  now  charged,  "  by  falsely  ant 
maliciously  publishing,  in  the  Norfolk  and  Portsmouth  Herald, 
the  13tli  of  December,  and  in  the  column  dated  the  12th  of  th« 
same  month,  a  letter  purporting  to  be  from  me  to  him,  when  I  neve 
wrote  such  a  letter."  It  is  true  that  all  objections  arising  out 
defects  of  form,  are,  on  that  occasion,  distinctly  waived  by  the  ac- 
cused, who  rested  his  defence  exclusively  upon  the  broad  denial  ot 
the  fact,  but  no  intimation  was  given  by  any  one,  that  such  a  specifi- 
tion  wa*  deficient  in  that  particular.  So  in  the  case  of  Midshipmat 
Payne,  under  the  general  charge  before  mentioned  of  "  defamatioi 
of  character,"  the  specification  wns,  "  that  he  did  on  or  about  tht 
2nd  of  December  1821,  send  or  deliver  to  Commodore  Jones  a  let- 
ter, containing  a  number  of  charges,  charging  Midshipman  Purvy- 
ance  with  theft,  cowardice  and  other  disgraceful  acts."  In  all  these 
cases,  whether  because  such  an  exception  never  occurred  to  the  ac- 
cused as  sustainable,  or  because  they  preferred  meeting  the  charge 
on  the  broad  basis  of  fact,  no  such  technical  objections  were  urged- 


443 


employ  - 


o 

JW,  without  the  author!  y  of  thl  F?*?*'  °f  the  Court  of  5 
»  not  guilty  Of  insubordiul  contc^  rn"l  cVoe'H  V?6'her  a"  °fficer 
•Wtioo,  m  making  an  appeal  to  It  IIP  A  ?    COnduct  unbecoming  his 
E!S^>.~^5^S^^^  endeavouring  to 
Bta  I  public  opinion,  while  tha   case  iT  m  *        -'9  C*8e'  and  to  *•* 
and  consideration  of  the  Executiv      mmde1'*oinS  the  examination 
any  other  tribunal.     The  pernic  o?,  7J        8ubmitted  to  this  or 
•"  tfrom  sucha  step.cann^e^ne..,        ^UeUC;eS  that  may  "- 
ficial  observer,  and  can  ecarcdy^e  e«  !"     "'^  <he  m°8t  4«r- 
of  the  most  timid.  exaggerated  in  the  imagina- 


8«»  '"ore  must  it  be  to 
ed  'trivia  or  imnortan^    "^     Whetbef  ««ch 


couched  in  general  language  and  n  ^f  DOt  V 
fication  and  the  infereK  irl^b  Tha?"  ?" 
made,  it  is  not  an  essential  defect  th*  t  i  L*  8f)ecification  is 
ticular  inaccuracies  which  are  con  ain.H  '  D?  .8P«cify  the  par- 
referred  to.  The  first  spedficatbn  n  th  ^oM  ^  ^' 
hot,  prepared  by  Captain  Porter  i  th  ?  n  of.Lleulenant 
that,  moved  by  a  spi  it  of  envl  '  1  flowing  words  : 

Boston  station3!  and'  withfn  a/ea    ±  KS?*  hath 
tempted  to  take  from  hi,  saperio   officer 
good  name."     The  second,  «  In  tha    K'' 


.  n,       n  ta    K    ,,.  ,  his 

on  the  station  aforesaid,  ma  le  num  ^JW^*  the  time'  a«d 
nations  against  the  official  chlrac  «  »  i  Sca"dalous  and  false  insin- 
cer,  Capt.  Isaac  B^^^^i^S^  ^^  8Uperi°r  offi' 
andinfnmy."  In  the  second  spec  £%££  £*<!"**  Wli^^^um 
non,  the  accused  is  charged  w^h  «  te^  ±1^"  °f  LieUh  Ken' 
maliciously  used  base  meaner  a  J  •  *'  Vlthin  a  ^ear'  lasf  past, 
Pub,i,bingf  or  causing  ^,£2^!?  to*  t^Tl,"'  tO  ^  ^ 
mouth  Herald,  a  statement  bear  h?^  N°rf°'k  and  Port9' 

'^hich  were  calculated  "to  ^  njure  mv  ch  ^T  C°ntaini»^a'^hoods 
Bitted  to  remain  without  E  ?MbHm  ''  ^  Which  he  Per' 

itention  was  drawn  to  the  .ubfc"  bv  ,h7  Cor)rr«dic.fed.  «ntil  his  at- 
Per."     «  By  repeated  attackTma  -remarkS  in  E  GeorSia  Pa' 

P 


444 

made  me  a  reluctant  apology,  and  publicly  recalling  it  after  he  hat! 
obtained  all  the  advantages  resulting  from  a  reluctant  apology  made 
to  me  "  "  By  having  used  towards  me,  in  a  public  print,  a  term 
which  is  seldom  applied  to  other  than  pick-pockets,  rogues,  gam* 
biers,  &c."  Surely  if  these  specifications  are  not  utterly  illegal, 
from  their  vagueness  and  generality,  from  the  looseness  of  their 
references,  and  the  uncertainty  as  to  the  real  ground  of  accusation, 
those,  now  under  consideration,  must  be  beyond  reproach.  The 
sufficiency  of  those  charges,  is  established  by  the  authority  of 
Captain  Porter,  who  drew  them — of  the  Court,  which  tried  the  ac- 
cused upon  them — of  the  Department,  which  directed  such  tri- 
al, and  approved  the  proceedings  in  both  cases. 

The  fourth  specification  is  supported  by  the  same  high  authority. 

The  fifth  admits  of  reference  to  precedents  to  support  it  equally 
unobjectionable.  I  shall  cite  but  two.  In  the  case  of  Cap- 
tain Shaw,  already  referred  to,  the  accused  was  found  guilty  of  so 
much  of  the  eighth  specification  as  alleges  "  that  Captain  Shaw, 
contrary  to  his  duty  as  an  officer,  did  expose  to  view,  and  suffer 
Chaplain  Cheever  Felch  and  other  officers  of  the  Navy,  to  examine 
and  peruse  his  official  communications  with  the  Navy  Department.  " 
For  this  offence  was  he  punished.  If  that  be  a  military  offence, 
cognizable  before,  and  punishable  by  a  Court  Martial,  how  far  more 
reprehensible  is  it  to  submit  orders  and  instructions  from  the  go- 
vernment, not  merely  to  one  or  two  brother  officers,  but  to  publish 
them  to  the  world,  through  the  medium  of  a  pamphlet  and  the  pub- 
lic Gazettes.  I  shall  trouble  the  Court  with  a  reference  to  but  one 
more  authority  on  this  point — it  will  be  found  in  the  thirty-fourth 
and  thirty-fifth  pages  of  the  report  of  the  trial  of  Lieut.  Kennou, 
where  it  will  appear  that  Captain  Porter,  under  examination  as  a 
witness,  expresses  his  decided  opinion,  that  it  is  highly  improper 
to  publish  orders  received,  even  from  a  superior  officer  in  the  ser- 
vice, and  that  he  would  not  commit  such  an  act. 

The  foregoing  references,  are  so  completely  decisive  upon  ano- 
ther point,  raised  by  the  accused  on  this  occasion,  viz  :  that  this 
specification  is  vicious,  inasmuch  as  it  embraces  so  large  a  period 
of  time,  within  which  the  offence  is  charged,  to  have  been  commit- 
ted, that  it  will  be  unnecessary  to  examine  that  question  further.  In 
both  the  cases  of  Lieutenants  Abbot  and  Kennon,  the  offences  are 
charged  to  have  been  committed  "  within  a  year  now  last  past. "  la 
the  present  case,  this  specification  charges  the  publications  to  have 
been  made  between  the  first  day  of  October,  1824,  and  the  fifteenth 
of  June,  1825.  If,  in  the  cases  cited,  the  specifications  were  right, 
in  this,  they  cannot  be  wrong. 

It  will  not  be  denied,  that  the  language  of  our  Naval  code,  is  in 
some  respects,  loose,  vague  and  inaccurate  ;  and  that  the  defects  of 
the  system  are  numerous  and  important.  Vague  and  inaccurate, 
however,  as  it  confessedly  is,  it  contains  one  sweeping  clause,  suf- 
ficiently comprehensive,  to  embrace  this  charge,  and  each  and 
every  of  the  specifications  under  it.  "  All  crimes,  committed  by 


445 

persons  belonging  to  the  Navy,  which  are  not  specified  in  the  fore- 
going articles,  shall  be  punished  according  to  the  laws  and  customs 
in  such  cases  at  sea.  "  This  section  is  a  legislative  recognition, 
that  there  may  be  crimes  committed  by  persons  belonging  to  the 
Navy,  not  specially  embraced  in  any  of  the  Navy  articles  ;  and  such 
are  to  be  punished,  as  I  understand  the  latter  clause  of  the  section, 
by  the  instrumentality  and  at  the  discretion  of  a  Court  Martial. 
Such  cases  are  those  in  which,  to  use  the  language  of  Tytler,  the 
Court  assumes  the  functions  "  both  of  legislators  and  judges.  " 

Before  the  Court  shall  determine,  that  the  charge  and  specifica- 
tions in  the  present  case  are  vicious,  for  want  of  form  and  fulness  of 
detail,  I  must  beg  it  to  pause  and  to  consider  what  it  is  that  is  re- 
quired.— What  if  these  objections  are  valid,  would  be  requisite  to 
iree  the  proceedings  from  their  force.  In  the  first  specification, 
it  would  be  necessary  to  set  out  all  the  letters  therein  referred  to 
by  date,  being  five  in  number,  and  some  of  them  of  considerable 
length.  In  the  second,  the  entire  pamphlet  published  by  the  accu- 
sed, must  have  been  introduced,  because  that  is  specially  referred 
to.  In  the  third,  the  real  proceedings  of  the  Courts  of  Inquiry 
should  have  been  set  out,  and  the  variances  between  them  and  the 
publication  distinctly  pointed  out.  In  the  fourth,  it  would  be  re- 
quired that  all  the  remarks,  statements  and  insinuations,  disrespect- 
ful to  the  Secretary  and  the  Court  of  Inquiry,  should  have  been  in- 
troduced verbatim  :  And  in  the  fifth,  that  all  the  papers  therein  re- 
ferred to,  should  appear  in  the  charges.  Such  is  the  length  to 
which  these  objections  extend. 

If  this  were  necessary  or  even  useful  in  assisting  the  accused  in 
defending  himself  from  the  charge,  if  it  were  required  by  positive 
law  or  enjoined  by  the  practice  of  Courts  Martial,  no  objection  to 
such  a  requisition  ought  to  be  listened  to.  When  however  the 
positive  law  is  silent  on  the  subject,  when  as  has  been  shewn  the 
practice  is  wholly  different,  when  no  one  reason  has  been  or  can 
be  assigned,  why  this  should  be  done,  this  Court  can  scarcely  hesi- 
tate to  declare  that  the  ground  assumed  by  the  accused  is  wholly 
untenable. 

It  may  not  be  necessary  to  refer  to  objections  which  were  inci- 
dentally urged  by  the  counsel  when  he,  to  use  his  own  form  of  ex- 
pression, enunciated  his  ideas  upon  this  subject,  but  which  are  not 
very  zealously  pressed.  It  was  understood  they  had  been  waived, 
but  if  so,  for  what  purpose  they  are  again  and  again  recurred  to,  is 
not  distinctly  perceived.  I  allude  to  the  objection  that  the  accused 
was  not  furnished  ivith  a  copy  of  the  charges  upon  which  he  was  to 
be  tried,  and  with  a  list  of  the  witnesses  that  would  be  adduced 
against  him.  The  accused  did  intimate  at  the  opening  of  the  Court 
when  he  was  arraigned  upon  this  trial,  that  he  had  not  been  furnish- 
ed by  the  Government  with  a  copy  of  the  charges  to  which  he  was 
now  called  to  answer,  and  did  solemnly  call  upon  the  Court  to  fur- 
nish him  with  such  copy.  It  did  however  appear  upon  his  own  ex- 
hibition, that  he  had  been  regularly  furnished  at  the  proper  time  and 


44B 

In  proper  form  with  a  paper,  which,  with  the  exception  of  two  let- 
ters in  one  of  the  words,  was  a  literal  transcript  of  the  charges  that 
had  been  read.  In  giving  the  date  of  one  of  the  letters  alleged  to  be 
,  insubordinate  and  disrespectful,  the  copying  Cleric  had  inadvertent- 
ly dated  it  the  thirtieth  instead  of  the  thirteenth  of  April.  No  other 
variance  has  been,  or  it  is  believed  can  be,  discovered. 

As  regards  the  right  of  the  accused  to  have  a  list  of  the  witnesses 
furnished  him,  it  is  wholly  denied.  That  such  a  doctrine  is  laid 
down  by  some  of  the  writers  on  Courts  Martial  is  conceded,  and  pro- 
bably this  practice  may  prevail  in  the  army  to  some  extent,  but  it  is 
apprehended  that  it  is  wholly  unknown  to  the  Navy  practice,  and 
the  high  authority  of  Sir  Charles  Morgan,  the  distinguished  Judge 
Advocate  General  of  Great  Britain,  is  decidedly  against  it.  In  p. 
xii  of  the  advertisement  to  the  3d.  Edit,  of  Ty  tier,  that  experienced 
gentleman  says,  "  I  have  never  understood  it  to  be  the  duty  of  the 
Judge  Advocate  in  all  cases  to  furnish  a  prisoner,  previous  to  the 
trial,  with  the  names  and  designations  of  the  witnesses,  by  whose 
testimony  any  act  objected  against  him  is  expected  to  be  proved  ;  nor 
on  the  other  hand,  do  I  consider  that  it  is  requisite  for  the  prisoner 
to  furnish  the  Judge  Advocate  with  the  names  of  any  other  witness- 
es than  those  whom  he  wishes  to  be  officially  summoned.  I  think 
such  communication  might  possibly  in  some  instances  lead  to  incon- 
venience on  either  side."  The  Navy  articles  are  wholly  silent 
upon  this  subject.  They  require  that  he  shall  be  furnished  with  a 
copy  of  the  charges  and  specifications,  but  .do  not  enjoin  that  he 
shall  be  furnished  with  a  list  of  the  witnesses.  At  all  events  when 
the  objection  is  formally  presented,  it  will  be  lime  to  discuss  and  de- 
cide upon  its  validity. 

Upon  the  whole  I  submit  with  great  respect  to  the  Court  my 
clear  and  unhesitating  opinion  that  each  and  every  one  of  the  specifi- 
cations, as  well  as  the  charge,  are  sufficient  both  in  substance  and  in 
form  ;  that  they  do  specify  offences  of  a  military  character  for  which 
the  accused  may  be  arraigned  and  tried  before  a  Court  Martial. 

It  is  to  be  regretted  that  such  a  discussion  should  thus  prema- 
turely have  been  required.  Every  objection  now  taken  could  have 
been  taken  with  equal  efficacy  and  propriety  in  the  defence.  It 
would  then  have  been  analogous  to  the  motion  in  criminal  Courts 
to  arrest  the  judgment.  The  argument  into  which  I  have  thus  un- 
expectedly and  with  very  limited  opportunities  for  research  and 
consideration  been  driven,  this  full  and  distinct  enunciation  of  my 
opinion,  and  the  premature  decision  of  half  the  case  by  the  Court, 
would  have  been  postponed  to  a  more  suitable  period.  The  course 
pursued  by  the  accused  has  however  imposed  upon  me  an  arduous 
and  responsible  task,  and  1  should  feel  myself  unworthy  of  the  situ 
ation  which  I  occupy,  before  this  Court,  were  I  to  shrink  from  the 
discharge  of  any  duty,  however  unpleasant  or  however  irksome. 


DEFENCE. 


Mft.   PRESIDENT  AND 

GENTLEMEN  OF  THE   COURT  MARTIAL: 

After  having  endured  a  long  and  mortifying  suspense  ;  the  frown 
•f  undefined  indignation,  and  the  anxieties  of  ambiguous  censure,  I 
hare  experienced  a  sensible  relief,  from  a  public  investigation  pro- 
mising a  determinate  issue  ;  which,  in  no  event,  can  place  me  in  a 
situation  less  tolerable  than  that  from  which  it  takes  me.  Even  the 
hard  measure  that  has  been  dealt  me,  in  the  manner  and  spirit  of 
the  prosecution,  both  before  and  during  the  progress  of  my  present 
trial,  is  amply  compensated,  whatever  be  the  event,  by  the  oppor- 
tunity afforded  me,  of  a  full  and  open  justification  before  the  world  ; 
and  especially,  before  a  tribunal  between  the  members  of  which 
and  myself,  at  least  so  much  of  intelligence  and  community  of  senti- 
ment exists,  as  to  free  me  from  the  apprehension  of  receiving  less 
than  justice  at  their  hands  ;  and  to  acquit  me,  in  their  minds,  from 
the  suspicion  of  appealing  to  their  favour,  for  any  thing  more  than 
justice.  If  preparatory  censures  have  tended  to  wound  my  feelings, 
or  to  prejudice  my  cause  ;  if  a  stern  and  jealous  inquisition,  have 
probed  every  part  of  my  professional  character  and  conduct,  where 
the  sensitiveness  of  a  man  of  honour,  or  the  presumed  defects  of  hu- 
man frailty,  might  be  supposed  to  shrink  from  the  searching  point; 
and  if,  taken  unawares  by  the  suddenness  of  the  attack,  or  the  novel- 
ty of  my  situation,  an  excruciated  sensibility  may,  for  the  time,  have 
broke  through  the  guards,  that  should  have  preserved  me  unmoved 
and  self-balanced  in  mind  and  temper  ;  yet  after  all,  I  bow,  with  hu- 
mility and  experimental  conviction  to  the  moral  system  of  compen- 
sations, that  bringeth  good  out  of  evil :  for  innocence,  made  but  the 
more  manifest  and  clear,  from  the  severity  of  its  trials,  is  the  bright 
reversion,  that  might  have  animated  hope,  and  endued  me  with  the 
passive  fortitude  of  endurance,  through  a  longer  and  more  penal 
term  of  tribulation. 

The  accusations,  which  I  am  now  to  answer,  present  this  singular 
feature  :  while  they  branch  out  into  two  distinct  classes  of  offence, 
the  most  dissimilar  and  the  most  unequal,  in  the  quality  and  degree 
of  the  legal  and  moral  guilt  imputed,  as  in  the  importance  and  inter- 
est, to  the  community,  of  the  principles  involved,  and  of  the  actions 
to  be  condemned  or  justified  ;  they  all  origin-rite  in  the  same  source  ; 
and  are  closely  connected  by  the  causes,  thnt  have  produced  them  ; 
and  by  the  passions  and  motives  that  uphold  them. 

The  first  braach  of  the  accusation  brings  into  discussion  the  most 


44S 

important  and  vital  principles  of  the  high  and  awful  sanctions  by 
which  national  sovereignty  is  to  be  maintained  and  vindicated  by 
arms  :  while  the  second  hinges  upon  the  minute  punctilios  of  cere- 
monious respect.  That  a  devoted  servant  of  the  republic,  who  had 
consumed  the  flower  of  his  years,  and  the  vigour  of  his  life  in  arduous, 
and,  as  he  hoped,  acceptable  services  ;  who  had  looked  for  appro- 
bation, if  not  honour,  as  his  reward,  for  an  unstinted  exposure  to 
labours,  privations  and  dangers  ;  so  much  the  more  disinterested,  as, 
however  beneficial  to  his  country,  and  to  mankind,  it  promised  few 
of  the  personal  gratifications,  which  may  laudably  be  sought  in  the 
renown  of  more  striking  and  brilliant  achievements  ;  who  was  con- 
scious of  having  acted  with  the  most  implicit  respect  and  exact  fi- 
delity, to  what  he  understood  to  be  the  views  and  instructions  of  his 
superiors  ;  who,  with  wasted  powers  of  life,  but  untiring  activity 
and  zeal,  had  exerted,  for  the  fulfilment  of  those  instructions,  to  the 
utmost  scope  of  their  letter  and  spirit,  whatsoever  of  efficient  energy, 
a  constitution  worn  and  broken  in  the  public  service,  had  left  him  ; 
that  such  an  one  should  have  been  somewhat  sore  and  impatient  un- 
der rebuke,  that  came  like  a  portent  and  a  wonder,  upon  his  aston- 
ished senses,  was  far  more  natural,  than  that  complaints  of  miscon- 
struction and  injustice  should  have  been  interpreted  into  disrespect; 
and  free,  but  decorous  remonstrance  treated  as  little  less  than  mu- 
tiny. 

In  my  justification  against  these  charges,  I  must  regret  the  ne- 
cessity of  occupying  a  larger  portion  of  the  valuable  time  of  this 
Court,  than  any  intrinsic  difficulties  in  the  questions  themselves 
might  possibly  have  required.  But  the  terms  in  which  the  charges 
have  been  framed,  their  often  complained  of  vagueness  and  uncer- 
tainty, as  to  the  nature  and  degree  of  the  offence  intended  to  be 
charged — the  mystery  observed  as  to  the  application  of  the  facts 
and  circumstances  given  in  evidence,  to  the  gist  of  the  accusation  ; 
and  the  defect  of  any  advertisement  of  the  points  intended  to  be  in- 
sisted on,  in  the  prosecution,  or  that  were  supposed  to  require  elu- 
cidation in  the  defence.  All  these  circumstances  compel  me  to 
traverse  a  wide  field,  as  well  of  conjectural  as  of  obvious  justifi- 
cation. 

Before  I  proceed  to  discuss  any  matter  of  fact  or  law,  put  in  issue 
by  the  first  charge,  it  may  be  useful  to  obtain  as  distinct  an  under- 
standing, as  practicable,  of  its  terms,  and  of  the  nature  and  degree 
of  the  guilt  imputed  by  it. 

The  general  head,  under  which  the  offence  intended  to  be 
charged  is  classed  and  characterized,  consists  of  two  members  : — 
first,  "  disobedience  of  orders  ;"  second,  "  conduct  unbecoming  an 
officer."  The  first,  doubtless  falls  under  a  general  description  of 
military  offence,  common  to  every  organized  body  of  military  force 
in  the  world  ;  but,  in  every  military  code,  by  which  such  an  offence 
may  be  punished,  the  character  and  functions  of  the  officer,  from 
whom  the  orders  are  supposed  to  emanate,  and  the  nature  of  such 
•orders  are  usually  defined  with  all  reasonable  precision.  In  the  5th 


449 

and  14th  of  our  Naval  articles  of  war,  this  species  of  offence  is  de- 
fined, in  terms  nearly  equivalent  to  the  corresponding  articles  in  the 
Naval  and  military  codes  of  Britain,  (a)  and  in  our  own  military  ar- 
ticles of  war.  (6)  Our  5th  Naval  article  of  war,  is  in  terms  restrict- 
ed to  the  orders  of  a  commanding  officer,  when  preparing  for,  or 
joining  in,  or  actually  engaged  in  battle.  But  the  14th article,  con- 
ceived in  terms  somewhat  more  comprehensive,  enacts  that  "  no 
officer  or  private  shall  disobey  the  lawful  orders  of  his  superior  offi- 
cer, or  strike  him,  &c.  while  in  the  execution  of  the  duties  of  his 
office."  The  punishment  of  the  offence,  in  either  of  its  modes  or 
degrees,  is  "death,  or  such  other  punishment  as  a  Court  Martial 
shall  inflict."  Then,  if  by  the  "  disobedience  of  orders,"  here 
charged,  be  intended  any  offence  known  to  the  Naval  articles  of 
war,  and  punishable  under  them,  it  implies  that  I  had  received, 
from  some  superior  officer,  in  actual  command,  either  while  engaged 
or  about  to  be  engaged  in  battle,  or  otherwise  "  in  the  execution  of 
the  duties  of  his  office,"  some  order  which  I  had  disobeyed,  and  so 
had  come  within  the  danger  of  a  capital  offence,  as  every  military 
offence  is  denominated,  which  is  punishable  either  with  death  or 
cashiering,  though  it  be  left  to  the  discretion  of  a  Court  Martial  to 
inflict  any  less  punishment.  When  this  general  charge  comes  to 
be  deduced  into  particulars,  in  the  form  of  a  specification,  no  orders, 
either  commanding  or  forbidding  me  to  do  any  act  whatever,  are 
set  forth,  either  in  terms  or  in  substance.  No  commanding  or  su- 
perior officer,  from  whom  they  are  supposed  to  have  issued,  is 
either  named  or  described.  The  specification  simply  sets  out  the 
naked  and  insulated  fact,  of  a  certain  invasion,  by  force  of  arms, 
upon  the  territorial  sovereignty  of  Spain,  accompanied  by  divers 
of  acts  of  hostility  against  the  subjects  and  the  property  of  that  pow- 
er ;  and  instead  of  any  averment  that,  in  so  doing,  the  orders  of  a 
commanding  or  superior  officer  had  been  disobeyed,  the  conclusion 
of  the  specification  branches  out  into  a  "  contravention  of  the  con- 
stitution of  the  United  States,  and  of  the  law  of  nations,  and  a  viola- 
tion of  instructions  from  the  government  of  the  United  States."  Now 
whether  any  "  contravention  of  the  constitution  or  of  the  law  of  na- 
tions," not  involved  in  a  disobedience  of  military  orders,  be  an  of- 
fence cognizable,  under  this  charge,  by  a  Court  Martial  ;  or  whether 
general  instructions  from  the  Government  be  identical  with  the  or- 
ders of  a  commanding  or  superior  officer  ;  and  a  violation  of  such 
instructions  equivalent  to  a  disobedience  of  such  orders ;  are  ques- 
tions of  grave  import ;  and  will  doubtless,  in  their  due  order,  re- 
ceive the  deliberate  consideration  of  the  Court.  At  present,  how- 
ever, we  are  endeavouring  to  ascertain  the  essential  character  and 
terms  of  the  offence,  actually  intended  to  be  charged — its  legal  at- 
tributes and  consequences  may  be  separately  considered. 

(a)  McArthur,  p.  275,  art.  11,  p.  277,  art.  ?2,  p.  278,  Mutiny-act,  sec.  1.  p, 
279.  Military,  art.  3,  4,  5. 

(ft)  Art.  9. 

57 


450 

As  to  the  second  member  of  the  general  charge,  "  conduct  unbe- 
coming an  officer,"  whether  it  be  intended  to  describe  a  mere  inci- 
dent to  every  act  of  military  disobedience,  or  to  impute  some  gra- 
tuitous and  superadded  circumstance  of  aggravation,  in  the  mode 
and  degree  of  it ;  and  to  inflame  the  guilt  of  simple  disobedience, 
by  some  wanton  abuse  in  the  manner  and  circumstances  attending 
the  commission  of  the  act,  as  in  the  ';  divers  acts  of  hostility,"  said 
to  have  been  committed  "against  the  subjects  and  property  of  the 
King  of  Spain,"  are  questions  left  in  the  characteristic  obscurity, 
and  uncertainty,  which  have  veiled  the  "  head  and  front  of  my  of- 
fending," from  any  distinct  view  of  it.  that  might  have  enabled  me 
to  perceive  or  to  divine  its  extent. 

I  shall  hold  myself,  however,  completely  dispensed  from  any 
obligation  or  necessity,  to  pursue  further  the  labyrinths,  into  which 
this  indefinite  member  of  the  charge  might  lead  us  :  since,  I  think, 
if  any  proposition  can  be  made  clear  by  human  evidence,  it  would 
be  impossible,  for  the  most  vindictive  accuser,  to  find  any  pretext, 
in  the  facts  of  this  case,  for  pushing  the  charge  beyond  a  simple 
departure  from  the  letter  or  spirit  of  the  positive  rule  of  action,  sup 
posed  to  have  been  prescribed  to  me  ;  whether  it  be  the  Constitu- 
tion of  the  United  States,  or  the  law  of  nations,  or  any  instructions 
that  establishes  the  law  or  rule  which  I  am  supposed  to  have  "  con- 
travened, "  or  "  violated.  "  If  I  have  offended  at  all,  it  is  in  the 
single  transgression  of  that  law  or  rule  :  "  the  head  and  front  of  my 
offending  hath  that  extent — no  more."  I  shall,  therefore,  leave  it 
to  the  Court,  without  further  remark,  to  decide,  from  the  evidence, 
whether  it  were  possible  to  have  conducted  a  military  operation  on 
neutral  territory,  with  a  more  scrupulous  regard  to  all  the  rights  of 
person  and  property,  which  such  an  operation  could,  in  the  nature 
of  things,  have  left  inviolate.  If  the  act  were  unlawful  in  itself, 
I  must  abide  the  consequence  ;  but  it  lies  not,  I  think,  within  the 
compass  of  human  ingenuity  or  malice,  to  contend,  that  the  act, 
as  being  either  lawful  in  itself,  was  stripped  of  its  legal  sanction?, 
and  had  its  quality  of  lawful  changed  to  unlawful ;  or,  as  a  sheer 
trespass,  that  it  was  inflamed  beyond  its  intrinsic  character  and  de- 
gree, by  any  wanton  aggravations  or  abuses,  in  the  manner  and 
circumstances. 

The  question  then  is  presented  in  the  simple  form  :  whether  the 
act  complained  of  were,  under  the  circumstances  and  inducements 
that  led  to  it,  an  infraction,  either  of  the  Constitution  of  the  United 
States,  or  of  the  law  of  nations,  or  of  my  instructions  from  the 
government  of  the  United  States  ;  and,  in  that  order  I  proceed  to 
consider  it. 

Whether  a  belligerent  operation,  in  the  conrse  of  an  authorized 
war,  be  constitutional,  or  not,  is  a  question  which,  if  it  have  any 
eignificancy,  or  be  capable  of  any  solution,  may  be  considered  as 
nearly  identical  with  the  other  question  suggested  by  this  charge, 
•namely  :  whether  it  be  consonant  to  the  law  of  nations,  supposing  the 
law,  here  intended,  to  consist  of  the  conventional  or  customary  rules, 


451 

by  which  civilized  nations  have  ngreed  to  control,  and  mitigate  the 
ierocity  and  the  calamities  incident  to  a  state  of  war,  and  which  consti- 
tute what  is  called  the  law  of  war.  All  that  the  Constitution  of  the 
United  States  has  to  do  with  the  matter  is,  that  it  has  communicated 
to  the  general  government  the  unqualified  jurisdiction  of  war  and 
peace.  The  power  to  carry  on  war,  offensive  or  defensive,  in- 
volves, in  its  terms,  every  right,  immediately  or  remotely,  inciden- 
tal to  that  state  and  condition  of  human  society. 

In  what  these  incidental  rights  consist,  must  be  determined  by 
the  known  or  necessary  conditions  and  consequences  of  war. 
Whatever  of  these,  the  most  comprehensive  signification  of  the 
term  may  embrace,  are  necessarily  constitutional ;  but  the  law 
of  war,  as  it  is  called,  is,  in  many  respects,  so  vague,  and  so  de- 
pendent upon  arbitrary  views  of  necessity  or  expediency,  to  be 
judged  of  by  hostile  parties,  and  to  be  justified  by  an  infinite  and 
incalculable  variety  of  peculiar  circumstances,  that  it  scarce  fur- 
nishes a  definite  or  intelligible  rule,  by  which  it  may  be  predicated 
of  any  military  operation,  that  it  is  either  constitutional  or  unconsti- 
tutional. The  only  constitutional  question,  therefore,  is,  whether 
the  war  itself  were  authorized  ?  that  is,  whether  commenced  or 
carried  on  by  that  authority,  to  which  the  constitution  has  exclu- 
sively delegated  this  high  power. 

This  brings  us  to  the  consideration  of  the  second  test,  which  it 
is  suggested,  should  be  applied  to  my  conduct,  on  the  occasion  in 
question  ;  and  that  is  the  law  of  nations. 

That  branch  of  public  law,  which  determines  the  correlative 
rights  and  duties  either  of  the  hostile  belligerents,  as  between  them- 
selves, or  of  neutrals  and  belligerents  as  between  themselves ;  or 
of  allies  or  co-belligerents,  as  between  themselves,  constitutes  a 
volumnious  code,  which  is  perhaps,  the  theme  of  as  much  undeter- 
ininate  controversy,  both  as  to  its  principles  and  its  authority,  as 
any  that  ever  undertook  to  prescribe  rules  of  human  conduct ;  and 
it  would  scarce  be  practicable  to  deduce,  from  it,  any  definite  rule, 
applicable  to  the  infinitely  varied  circumstances  of  actual  war  ;  and 
by  which  a  military  officer  might  be  condemned,  for  a  presumed 
violation  of  the  law.  In  this  case,  however,  'tis  not  necessary  to 
trouble  the  Court  with  any  reference  to  the  more  recondite  and 
theoretical  definitions  of  general  rules  ;  because,  in  so  far  as  my 
conduct  depends,  for  its  justification,  upon  such  rules,  it  may  be 
referred  to  an  authoritative  and  practical  exposition  of  them,  as 
applicable  to  the  particular  circumstances  under  which  I  acted. 
The  rights  and  duties,  incidental  to  a  state  of  war,  as  it  affects 
every  party  directly  or  indirectly  concerned,  have  been  the  subject 
of  such  frequent  and  elaborate  discussion,  in  our  intercourse,  with 
foreign  nations ;  and  have  received  such  lucid  definition  and  such 
various  illustration  from  our  most  eminent  statesmen  ;  that  we  may 
be  said  to  have  compiled  and  digested,  from  the  best  authorities,  and 
the  most  enlightened  views  of  the  subject,  a  system  of  public  law, 
upon  these  topics,  which,  if  it  be  not  generally  adopted  by  the  fa* 


452  * 

mily  of  civilized  nations,  as  the  moral  and  political  influence  of  otlr 
example  extends,  may,  at  least,  be  received,  among  ourselves,  as 
superseding,  to  every  practical  purpose,  a  reference  to  the  more 
general  and  Jess  applicable  doctrines  of  elementary  writers.  Our 
discussions  with  the  powers  of  Europe,  while  they  were  belligerent 
and  we  were  neutral,  have  settled,  for  ourselves,  the  positive  rights 
of  neutrals  ;  and  our  more  recent  discussions  and  collisions,  with 
one  of  those  powers,  while  we  were  belligerent  and  she  neutral, 
have  equally  well  settled  the  positive  duties  of  neutrals.  The  rule 
to  be  deduced  from  the  latter,  is  so  much  the  more  intelligible  in  its 
doctrine,  and  obvious  and  practical  in  its  application,  since  it  has 
grown  out  of  collisions  and  discussions  of  the  belligerent  rights  of 
the  United  States,  as  correlative  to  the  neutral  duties  of  this  very 
power,  Spain,  whose  territorial  sovereignty  I  am  charged  with  hav- 
ing violated  ;  and  more  especially  of  her  neutral  duties,  as  determi- 
ned by  the  peculiar  circumstances  of  her  colonial  dependencies  ; 
in  one  of  which  the  scene  of  my  supposed  transgression  is  laid. 

The  right  of  a  belligerent,  in  the  prosecution  of  a  lawful  war,  to 
involve,  in  all  the  practical  consequences  of  war,  such  parties,  as, 
not  being  enemies,  assist  the  enemy  by  active  or  passive  co-opera- 
tion, has  been  so  clearly  expounded  in  the  doctrines  of  public  law, 
and  illustrate^  in  the  history  and  practice  of  our  own  Government, 
as  to  leave  but  little  to  be  said  on  that  subject,  at  this  day.  What- 
soever ground  of  controversy  may  remain,  as  to  the  extreme  limits, 
or  necessary  modifications  of  the  rule,  depends  upon  principles,  en- 
tirely foreign  to  any  question  applicable  to  the  present  case.  In  so 
far  as  the  doctrine  or  practice  is  now  in  question,  it  is  placed  be- 
yond doubt  or  controversy,  by  the  concurring  authority  of  all  the 
most  approved  expounders  of  public  law  ;  and,  above  all,  of  our 
wises  t  statesmen,  who  have  been  called  upon  so  frequently  to  unfold 
its  principles,  and  apply  them,  in  practice,  to  the  actual  condition 
and  relations  of  the  country. 

The  actual  extent  of  the  correlative  rights  and  duties  of  such 
parties,  and  the  circumstances  that  may  justify  the  treatment  of 
them  as  enemies,  are,  in  some  degree,  determined  by  their  relative 
position  ;  either  as  strictly  neutral,  or  as  allies  embarked  in  a 
common  cause  :  the  positive  duties  of  the  latter  being,  of  course, 
increased  both  in  number  and  obligation  ;  and  many  acts  permitted 
to  a  neutral,  being  unlawful  in  an  ally. 

If  a  neutral,  through  perfidy,  partiality,  or  weakness,  (and  it  is 
perfectly  immaterial  which,)  permit,  or  be  compelled,  by  superior 
force,  to  suffer  his  territory  to  be  seized  by  one  belligerent  or,  in 
any  manner,  used  to  the  annoyance  of  another,  the  latter  has  a  per- 
fect right  to  invade  that  territory,  and  use  it,  and  all  the  means  and 
facilities  of  war,  that  it  affords  to  the  same  extent  that  his  adversary 
is  permitted  to  use,  or  has,  by  force,  usurped  the  same.  The  ter- 
ritory, the  inhabitants,  and  whatsoever  else  there  may  be  there, 
which  have  been  thus  converted  into  means  of  our  annoyance,  are, 
for  the  time,  impressed  with  the  character  of  enemy,  and  may  be 
Created  accordingly. 


453 

It  is  one  of  the  most  ordinary  and  undisputed  and  least  harsh  of 
these  rights,  to  pursue  an  enemy  into  neutral  territory,  if  he  re- 
treat there  for  refuge,  or  take  his  station  there  to  be  ready  to  sally 
forth  and  attack  his  adversary,  as  occasion  and  opportunity  may 
serve.  If  this  abuse  of  neutral  territory  proceed  from  the  weak- 
ness of  the  sovereign,  and  his  unability  to  protect  it  from  violation  ; 
the  rule  is,  that  at  the  point  and  in  the  degree  that  his  authority 
ceases  to  be  exerted,  with  practical  efficacy,  that  of  the  party  in- 
jured by  its  relaxation  commences  and  extends.  In  the  emphatic 
language  of  Mr.  Adams,  "  the  right  of  the  United  States,  can  as 
little  compound  with  impotence  as  with  perfidy."  All  this  infers 
no  hostility  against  the  neutral ;  hut  proceeds  upon  the  great  prin- 
ciple of  self  defence  ;  which  justifies  a  belligerent  to  disarm  his  ad- 
versary, turn  upon  him  his  own  weapons,  and  deprive  him  of 
the  permitted  or  usurped  means  of  annoyance.  There  may  be  oc- 
casions where  the  misconduct  of  a  neutral  sovereign  might  expose 
him  to  the  resentment  of  the  belligerent  sovereign,  and  make  him 
an  actual  party  to  the  war  ;  but  I  here  speak  merely  of  those  inci- 
dental rights  of  actual  war,  which  effect  him  in  his  neutral  charac- 
ter, and  require  not  the  decision  of  the  sovereign  will  to  authorize 
the  enforcement  of  them,  which  are  inseparable  from  belligerent 
operations,  and  are  summarily  exerted  in  the  exigency  of  the  mo- 
ment at  the  discretion  of  the  commander  to  whom  the  conduct  of 
such  operations  is  entrusted.  "  Of  the  necessity  for  which  (says 
Mr.  Adams,  speaking  of  the  invasion  and  occupation,  by  military 
forces  of  neutral  territory,  including  its  fortified  places  and  garri- 
sons, whenever  the  effectual  prosecution  of  hostilities  against  the 
enemy,  shall  in  the  opinion  of  the  general  make  it  necessary)  he 
has  the  most  effectual  means  of  forming  a  judgment,  and  the  vin- 
dication of  which  is  written  in  every  page  of  the  law  of  nations,  as 
well  as  in  the  first  law  of  nature,  self  defence,  (a) 

The  principle  is  not  confined  to  neutral  territory,  but  extends  to 
all  the  ramifications  of  neutral  sovereignty,  and  to  all  the  modifica- 
tions of  neutral  property  :  for  it  is  the  same  identical  principle  mo- 
dified by  circumstances,  that  authorizes  naval  commanders  from  the 
Admiral  of  a  fleet,  to  a  Lieutenant  Commandant  of  a  schooner  or  a 
barge,  or  even  the  Captain  of  a  privateer,  to  seize  upon  the  high 
seas,  neutral  ships  carrying  contraband,  infringing  a  blockade,  or 
committing  other  unneutral  acts.  In  these  cases  the  ships  seized 
are  good  prize  :  but  like  the  territory,  (of  which  they  are  an  ema- 
nation of  sovereignty)  they  are  also  liable  to  temporary  seizure  and 
detention  ;  as  when  found  laden  with  enemy  property.  This  practi- 
cal exertion  of  belligerent  rights  upon  the  high  seas,  is  in  principle 
iust  as  high  handed  an  interference  with  the  exclusive  domain  of 
jforeign  sovereignty,  in  order  to  repel  open  or  insidious  hostility  in 

(a)  Vide  American  reply  by  Mr.  Adams,  to  the  Spanish  note  by  Mr.  Pizar- 
ro,  on  the  subject  of  Genl.  Jackson's  invasion  and  occupation  of  the  Flor- 
idas,  being  the  letter  of  Nov,  28,  1818,  from  Mr.  Adams,  to  our  Minister  at 
Madrid.  15  Wiles  Register,  p.  372. 


454 

neutral  guise,  and  by  neutral  means,  as  any  analagous  invasion  or 
occupation  of  the  actual  territory  of  the  same  sovereign.  The  flag 
of  a  nation  is  just  as  inviolable  an  emblem  of  sovereignty,  as  terri- 
tory :  and  the  ehip  that  bears  it,  is  constructively  a  part  of  the  ter- 
ritory, and  just  as  much  entitled  to  protection. 

"  There  will  need  (to  borrow  again  the  language  of  Mr.  Adams,  the 
condensation  and  force  of  which,  may  dispense  with  other  illustra- 
tion} no  citations  from  printed  treatises  on  international  law,  to  prove 
the  correctness  of  this  principle.  It  is  engraven  in  adamant  on  the 
common  sense  of  mankind  ;  no  writer  upon  the  laws  of  nations  ever 
pretended  to  contradict  it  j  none  of  any  reputation  or  authority  ever 
omitted  to  insert  it." 

1  cannot  forbear  however,  adding  to  the  domestic  documents  of 
our  public  transactions,  by  which  both  our  belligerent  and  our  neu- 
tral rights  are  so  amply  unfolded  and  accurately  defined  the  authori- 
ty of  the  venerable  and  illustrious  Grotius  ;  who  may  be  stiled  the 
lather  of  the  modern  law  of  nations.  In  laying  down  the  rule,  by 
which  neutrals  may  expose  themselves  to  the  treatment  of  enemies, 
lie  also  recommends  certain  modifications  of  the  strict  belligerent 
right ;  not  as  necessary  limitations  or  exceptions  to  the  right,  and 
which  a  neutral  is  entitled  to  insist  on  ;  but  as  being  merely  recom- 
mended by  a  spirit  of  moderation  and  humanity,  and  which  a  belli- 
gerent mny  disregard  according  to  his  own  discretion,  or  his  estimate 
of  necessity  or  prudence  under  existing  circumstances,  without  in^ 
curring  the  odium  of  violating  the  established  rules  of  civilized  war- 
fare :  and  it  may  be  satisfactory  to  the  Court  to  see,  by  how  many 
degrees  my  operations  at  Faxardo  fell  short  not  only  of  what  strict 
right  authorized,  but  of  what  the  most  beneficial  construction  of  the 
right  would  have  recommended,  as  within  the  bounds  of  moderation 
and  humanity  ;  'tis  also  worthy  of  remark,  that  this  author  in  the 
same  passage  here  cited,  illustrates  belligerent  as  correlative  to  neu- 
tral rights  by  the  known  and  conceded  right  to  attack  a  ship  manned 
by  pirates,  or  a  house  occupied  by  robbers,  although  in  that  ship  or 
in  that  house  there  may  be  many  innocent  persons  whose  lives  are 
endangered  by  the  attack.  (6) 

Such  are  the  correlative  rights  and  duties,  as  between  bellige- 
rents and  parties  merely  neutral.  But  their  reciprocal  rights  and 
duties  are  infinitely  extended  when  the  parties  assume  the  nearer 
and  more  intimate  relation  of  allies  embarked  in  a  common  cause. 

An  act  perfectly  lawful  in  a  mere  neutral,  may  be  absolutely  un- 
lawful in  an  ally  ;  and  subject  him  to  be  treated  as  an  enemy  by  the 
forces  of  the  other  ally.  For  instance,  nothing  is  more  lawful 
than  for  a  neutral  to  trade  with  either  or  both  of  the  belligerents  : 
yet  it  is  unlawful  in  the  subjects  or  citizens  of  an  ally,  and  exposes 
their  ships  and  other  property  to  seizure  as  prize  ;  precisely  as 
enemy  property  :  and  their  persons  to  captivity  and  punishment,  (c) 

(i)  Grot,  dc  Jur.  bel.  &  pac.  B.  3.  ch.  1.  p.  4.  (3.  corap.  Gro.  p.  05.  6.  7.) 
(c)  Vid,  Chit  L.  N.  P.  11  Naide,  4  Rob.  251. 


45$ 

A  nation  is  not  bound  to  wait  till  the  injury  is  actually  felt,  from 
xhe  abuse  of  neutral  or  foreign  territory  ;  nor  even  till  an  enemy 
appears,  who  may  take  advantage  of  its  means,  and  convert  it  to 
purposes  of  hostility  ;  but  in  case  of  imminently  approaching  and 
foreseen  peril,  tis  lawful  it  seems  to  take  military  occupation  of 
such  territory,  in  anticipation  of  the  injuries  that  may  accrue  from 
expected  and  future  hostility.  This  is  strongly  exemplified  by  the 
conduct  of  our  government,  and  the  principles  on  which  it  was 
publicly  and  officially  justified  in  the  occupation  of  Amelia  Island 
and  Galveston,  the  one  in  the  undisputed  possession  of  Spain,  and 
within  the  uncontested  and  incontestible  limits  of  her  then  province 
of  East  Florida  ;  the  other  in  the  actual  possession  of  Spain,  and 
claimed  as  within  the  limits  of  her  then  province  of  West  Florida, 
but  within  the  contested  limits  of  Louisiana.  The  military  estab- 
lishments at  these  places,  in  the  hands  of  certain  adventurers,  acting 
under  the  authority,  real  or  assumed,  of  some  of  the  revolutionized 
provinces  of  South  America,  were  suppressed  by  military  force., 
and  the  places  held  by  military  occupation,  till  Amelia  Island  was 
restored  by  an  arrangement  with  the  Spanish  Government. 

Among  the  reasons  for  this  strong  measure,  given  by  the  Presi- 
dent of  the  United  States,  in  his  justificatory  expositions  of  its  poli- 
cy and  necessity,  one  is  that  an  extensive  system  of  buccaneering 
throughout  the  Gulf  of  Mexico  was  about  to  be  organized  at  those 
establishments,  menacing  the  United  States  and  the  whole  commer- 
cial world  with  all  the  horrors  of  piracy,  (d)  Then  the  apprehen- 
sion of  piracy,  as  the  possible  and  imminent  consequence  of  these 
obnoxious  establishments,  justified  far  stronger  measures,  and  more 
decided  acts  of  hostility  upon  Spanish  territory  than  any  committed 
by  me  in  the  course  of  flagrant  war  against  actual  pirates,  who  had 
established  themselves  in  another  part  of  Spanish  territory,  where 
the  sovereign  authority  of  Spain  was  equally  relaxed  ;  where  these 
pirates,  with  whom  I  was  engaged  in  active  hostilities,  found  shelter 
and  associates  with  persons  under  the  nominal  allegiance  to  Spain, 
but  who  neither  felt  nor  acknowledged  her  authority  for  any  pur- 
pose but  as  a  cloak  to  their  villanies.  The  documents  on  this  trans- 
action of  our  Government,  furnish  strong  illustrations  of  the  extent 
to  which  the  great  and  sound  principles  of  self-defence  authorizes 
either  corrective  or  preventative  measures  operating  upon  neutral 
territory. 

I  now  come  to  such  of  our  public  transactions,  and  the  documents 
that  illustrate  their  history,  and  the  principles  on  which  they  pro- 
ceeded, as  bear  the  nearest  affinity  and  the  strongest  analogy  both  in 
principle  and  in  circumstance,  to  the  conjuncture  in  which  I  was 
called  to  exercise  a  sound  discretion  in  the  practical  application  ot 
these  principles,  to  the  actual  state  and  condition  of  existing  circutn- 

(d)  Vid  President's  teveral  Messages  to  Congress,  viz.  2  Dec.  1817,  13,  Niles* 
Reg.  p.  237,  Jan.  3,  1818,  id.  p.  338-9,  and  20  Mar.  1818,  14  id.  p.  100.  Offi- 
cial Correspondence  on  the  same  subject,  i4,  p.  169,  &c> 


156 

stances  :  when,  as  a  Naval  commander,  I  was  delegated  to  display 
the  flag,  and  carry  the  arms  of  my  country  to  remote  regions  ;  and 
there  upon  my  sole  responsibility,  without  other  counsel  than  my 
devotion  to  her  glory  and  prosperity,  to  fulfil  the  imperious  duties 
of  this  high  and  most  delicate  of  trusts,  by  upholding  the  just  pow- 
er, and  vindicating  the  sovereign  rights  appertaining  to  her  belligerent 
character,  according  to  the  laws  and  customs  of  war,  and  the  dic- 
tates of  military  prudence  :  rights  which  I  could  neither  abandon, 
relax,  nor  compromise,  without  diminution  of  her  glory,  and  de- 
rogation from  her  dignity,  nor  without  bringing  eontumely  on  her 
flag,  and  overwhelming  myself  with  disgrace. 

The  principles  established  by  the  documents  now  adverted  to 
regard  Spain  in  her  simple  character  of  strict  neutrality,  without 
reference  to  her  higher  and  more  sacred  obligations,  or  the  corres- 
ponding claims  upon  her  as  an  ally. 

In  the  late  war  with  Great  Britain,  in  which  the  Indians  of 
Florida  took  part  against  us,  General  Jackson  was  expressly  author- 
ized by  President  Madison  to  take  Pensacola,  if  it  were  found  to 
have  fostered  Indian  hostilities  by  ministering  to  their  wants,  and 
affording  them  the  means  of  annoyance.  If,  proceeds  the  order, 
as  indited  by  Secretary  Armstrong,  the  Spaniards  admit  into  their 
towns,  feed,  arm,  and  co-operate  with  the  hostile  Indians,  you  must 
strike  upon  the  broad  principle  of  self  preservation." 

The  principle  thus  concisely  and  forcibly  enunciated,  was  devel- 
oped and  followed  out  to  all  its  consequences  and  analogies,  in  the 
campaign  of  1818,  against  certain  Indian  tribes  of  Florida,  called 
Seminoles  and  Redsticks,  who  had  commenced  hostilities,  and  car- 
ried on  the  most  savage  warfare  against  our  Southern  frontier. — 
Spain  being  then  just  as  much  at  peace,  and  in  as  positive  a  state  of 
ajnity  with  us,  as  at  any  time  since.  She  held  the  undisputed  sove^- 
reignty  of  both  the  Floridas,  where  she  maintained  civil  and  mili- 
tary Governors,  numerous  garrisons,  and  fortified  places.  But  the 
extent  of  country  over  which  she  exercised  any  practical  sway,  was 
very  inconsiderable,  in  proportion  to  the  extensive  regions  occu- 
pied by  numerous  tribes  of  savages  and  outlaws,  who  nevertheless 
inhabited  a  country  under  her  nominal  sovereignty  :  and  the  phys- 
ical power  of  each  was  in  the  same  proportion. 

When  General  Jackson,  in  the  winter  of  1818,  took  command  of 
the  army  assembled  to  repel  the  incursions  of  the  Indians,  he  found 
his  predecessor,  the  second  in  command,  General  Gaines,  in  posses- 
sion of  certain  limited  and  defined  instructions  for  entering  Florida 
in  pursuit  of  the  hostile  Indians,  if  it  should  be  found  necessary  to 
repress  their  inroads.  The  savage  foe  was  soon  driven  to  his  fast- 
nesses within  the  Spanish  territory  and  jurisdiction,  and  pushed  by 
hie  victorious  pursuers  to  the  vicinity  of  St.  Marks,  a  fortress  regu- 
larly garrisoned  by  Spanish  troops,  and  being  well  ascertained  by 
the  General  to  have  been  a  place  of  resort  for  the  savages,  where  they 
obtained  aid  and  comfort,  and  were  abetted  in  their  hostilities  against 
our  frontier,  it  was  entered  by  our  troops  with  violence,  and  held 
during  the  residue  of  the  campaign.  A  British  subject,  domiciled 


457 

Ih'ere,  under  the  protection  of  Spanish  laws,  was  executed  as  a  Spy 
and  incendiary,  who  had  instigated  the  savages  to  hostility,  (e.) 

The  General  then  carried  his  victorious  arms  to  Pensacola,  the 
capital  of  the  Province,  which  was  entered  by  our  troops  without 
opposition,  the  Spanish  garrison  having  retreated  to  the  neighbour- 
ing fort  of  Barancas.  This  last  was  instantly  invested,  and,  after  a 
severe  cannonade,  was  on  the  point  of  being  stormed,  when  the 
Spanish  Governor  and  his  garrison  entered  into  a  regular  capitula- 
tion ;  surrendered  the  fort,  and  were  transported  to  Cuba.  Thus, 
in  possession  of  the  capital,  and  of  all  the  strong  places  of  the  pro- 
vince, it  was  treated  as  a  conquered  country  :  civil  and  military  de- 
partments were  organized — the  laws  of  Spain  continued  in  force,  the 
preservation  of  the  archives  provided  for,  accompanied  by  all  the 
minute  arrangements  usual  after  conquest.  The  stated  provoca- 
tions to  these  acts  of  hostility,  are  the  inadequacy  of  the  power  of 
Spain  to  resist  the  encroachments  of  the  savages  ;  the  provisions 
and  ammunition  with  which  these  last  had  been  supplied,  either 
extorted  from  the  weakness,  or  granted  from  the  bad  faith  of  the 
Spanish  authorities.  And  lastly,  the  interruption  by  the  Spanish 
Governor,  to  the  passage  of  supplies  from  New  Orleans  for  our 
troops,  up  the  river  Escambia.  The  Spanish  Governor  hearing 
of  General  Jackson's  approach,  had  issued  a  proclamation,  forbid- 
ding it  in  the  most  indignant  terms,  and  threatening  to  employ  force 
if  he  did  not  immediately  evacuate  the  country.  This  new  and  un- 
expected enemy,  says  the  General,  was  made  to  feel  the  impotence 
of  his  threats.  In  the  general  orders  and  proclamation,  setting 
forth  these  and  other  reasons  for  the  measure,  it  is  justified  by  the 
sacred  and  immutable  laws  of  self-defence,  as  Spanish  authority 
could  not  be  maintained  in  Pensacola.  (/.)  Having  thus  overrun 
one  Spanish  province,  expelled  its  garrisons,  and  taken  all  its  strong 
places  ;  and  thinking  with  good  reason,  that  Indian  hostilities  had 
been  effectually  checked,  the  General  retired  from  the  field.  But, 
hearing  in  the  course  of  the  summer  fresh  accounts  of  renewed  or 
threatened  hostilities,  and  of  continued  abuses  of  Spanish  territory 
and  means  to  our  prejudice,  he  despatched  an  order  to  General 
Gaines,  directing  him,  if  he  should  be  satisfied  of  the  fact  of  the  In- 
dians having  been  excited  to  hostility  by  Spanish  agents  and  officers 
about  St  Augustine,  and  fed  and  furnished  from  that  place,  immedi- 
ately to  occupy  it,  and  the  garrison  as  prisoners.  This  order  was 
countermanded  by  the  Secretary  of  War,  not  from  any  disapproba- 
tion of  what  had  been  done,  or  was  about  to  be  done  ;  but  because 
an  amicable  arrangement  had,  in  the  mean  time,  and  unknown  to 
General  Jackson,  been  made  between  the  two  Governments,  for  the 

(e)  Vide  Gen.  Jackson's  Official  Reports  to  the  Secretary  of  War,  25  March, 
3th  April,  and  5th  May,  1818.  Niles'  Reg.  vol.  15,  p.  307,  308,  311. 

(/)  Vid.  General  Jackson's  general  order,  giving  detailed  account  of  the 
campaign,  dated  Barancas,  29  May,  181o.  His  proclamation  of  the  samft 
date — the  capitulation  of  Barancas,  &c.  &.c.  Niles'  Register  for  July,  1&18, 
vol.  14,  p.  334 — 6.  Also  his  letter  to  the  Secretary  of  War,  June  2,  1818,  an<t 
tfther  documents,  id.  vol.  15  p.  319 — 2!. 

58 


458 

restoration  upou  certain  conditions  of  the  Spanish  posts  already  tn* 
ken,  with  which  arrangement  it  would  have  been  altogether  incon- 
sistent to  have  proceeded  with  the  capture  of  St.  Augustine.  All 
this  was  fully  and  satisfactorily  explained  to  General  Jackson,  (g) 

These  proceedings  became  the  subject  of  the  most  animated  and 
spirited  controversy  between  the  two  governments.  It  was  also 
doubted  by  many  and  respectable  citizens,  both  in  public  and  in  pri- 
vate life,  whether  the  General  had  not  transcended  his  authority, 
and  exercised  the  power  of  war  and  peace  beyond  all  constitutional 
limits  ;  and  it  became  the  subject  of  long  and  serious  debate  in  Con- 
gress. But  his  conduct  in  all  its  extent,  was  elaborately  and  victo- 
riously justified  by  our  government,  in  all  its  relations  and  depart- 
ments, foreign  and  domestic.  The  complaint?  of  Spanish  ministers 
were  triumphantly  answered,  and  finally  silenced  by  the  official  re- 
plies of  the  Secretary  of  State.  The  Messages  of  the  President  to 
both  houses  of  Congress,  explained  and  justified  the  grounds  of  the 
General's  procedure,  and  the  vote  of  the  House  of  Representatives, 
adopted  and  confirmed  the  justification  offered  by  the  executive,  (/f) 
Against  all  which,  there  remained  nothing  to  be  set  off,  but  an  ad- 
verse report  of  a  committee  of  the  Senate,  which  has  been  suffered 
ever  since  to  repose  in  utter  neglect,  notwithstanding  the  General 
at  the  next  session  presented  a  memorial  to  the  Senate,  remonstra- 
ting in  free  and  decided  terms  against  the  course  of  investigation 
pursued  by  the  Committee,  as  unfair,  and  against  their  conclusions 
as  unsound  in  doctrine,  and  as  resulting  from  partial  and  uncandid 
views  of  the  subject. 

Now  let  the  principles  so  clearly  deduced  from  these  most  autho- 
ritative precedents,  be  applied  to  my  situation  and  conduct,  as  com- 
mander of  the  squadron  in  the  West  Indies,  engaged  in  actual  war 
against  the  pirates. 

From  a  variety  of  causes,  too  obvious  to  be  mentioned,  the  Spa- 
nish Islands  in  the  West  Indies  were,  for  the  most  part,  more  des- 
titute of  any  practical,  steady,  and  efficient  government  and  police, 
than  the  inhabited  parts  of  the  Floridas.  The  Pirates  who  sought 
shelter  there,  were  not  like  the  miserable  savages  of  Florida,  insu- 
lated and  cut  off  from  access  to  other  quarters  for  relief,  so  as  to 
be  dependent  on  Spanish  towns  and  garrisons  for  occasional  sup- 
plies of  provisions,  arms,  and  ammunition.  On  the  contrary,  their 
enterprising  and  successful  piracies,  and  the  accumulated  plunder 
of  land  and  sea,  gave  them  influence  and  favour  in  the  more  barren 

G»)  Vid.  General  Jackson's  order  to  General  Gaines,  7  August,  1818; — hi.- 
letter  to  the  same,  10  August,  1818;  and  the  Sec.  of  War's  countermand  to  Ge- 
neral Games,  1st  September,  1818.  Niles's  Register,  vol.  16,  p.  80 — 1. 

(fi)  Vid  President's  Message  to  Congress,  March  25,  1818.  Niles'  Register  for 
April,  1818,  vol.  14,  p.  100. 

President's  Message,  November  17,  1818,  id.  vol.  15,  p.  213.  Note  from  the 
Spanish  Secretary  of  State  to  the  American  Minister  at  Madrid,  29th  August, 
1818,  and  the  icply  of  Mr.  Adams,  28  November,  18)8.  Niles's  Register,  vol. 
16,  p.  367,  9,  tc.  General  Jackson's  Memorial  to  the  Senate,  id.  vol.  ife, 
**.  3*9. 


459 

and  thinly  inhabited  districts,  and  in  some  of  the  more  considerable 
towns  and  settlement*.  While  their  numbers,  their  resources,  and 
their  ferocity,  overawed  and  intimidated  those  who  were  not  seduced 
by  participation  in  the  spoils  of  piratical  enterprise.  When  the  hot 
pursuit  of  our  cruizers  had  driven  them  from  the  sea,  and  destroyed 
all  their  vessels  capable  of  keeping  the  sea,  they  retreated  into  va- 
rious pirts  of  Cuba  and  Porto  Rico  ;  in  some  places  banded  them- 
selves against  the  local  authorities,  and  effectually  defied  every  ef- 
fort to  reduce  them.  In  other  places,  they  assumed  various 
disguises,  as  fishermen,  dioguers,  pedlars,  &c  &c.  As  fishermen, 
they  built  huts  and  villages  upon  the  coasts  of  these  two  islands, 
and  kept  up  a  constant  intercourse  with  the  inhabitants,  from  whom 
it  was  extremely  difficult  to  distinguish  them.  The  innumerable 
bays,  inlets,  shoals,  and  harbours,  about  these  islands,  enabled  them 
to  conceal  the  boats  in  which  they  nightly  sallied  forth  from  their 
holds,  and  committed  innumerable  piracies,  as  well  upon  the  high 
seas,  as  in  the  towns  and  settlements,  on  the  neighbouring  coasts. 
They  then  retreated  with  their  plunder,  to  their  secret  haunts  ;  re- 
assumed  their  disguises,  and  eluded  detection  and  pursuit.  They 
were  occasionally,  however,  detected — their  huts  and  villages,  with 
all  their  boats,  tishing  tackle,  &c.  burnt  and  destroyed.  Several 
instances  of  these  descents  upon  the  coasts  of  Cuba  and  Porto  Rico, 
by  the  officers  of  my  squadron,  are  found  in  the  official  correspon- 
dence and  reports,  now  before  the  Court : — especially  in  my  report 
to  the  Secretary  of  the  Navy,  and  in  the  report  of  Captain  Cassin, 
and  Lieutenant  Commandant  Kearney  to  me,  in  the  spring  and  sum- 
mer of  1823.  (?')  This  state  and  condition  of  the  Spanish  Islands, 
was  not  only  perfectly  notorious,  but  has  been  officially  ascertained 
and  promulgated,  and  is  now  matter  of  authentic  history  ;  for  in  the 
President's  Messages  to  Congress,  on  the  2ndDecember,  1823,  and 
1824,  and  the  reports  of  the  Secretary  of  the  Navy,  on  the  1st  De- 
cember, in  the  same  years,  accompanying  those  messages,  all  these 
facts  are  fully  detailed  ;  the  good  dispositions  of  the  colonial  govern- 
ors, at  least  of  the  Governor  of  Cuba,  are  acknowledged  ;  and  the  to- 
leration of  the  piratical  establishments  within  their  jurisdictions  PX- 
plamed,  by  the  weakness  of  their  means,  and  the  relaxed  state  of 
their  authority  So  strong  w*;re  these  representations,  that  at  the 
last  session,  a  bill  was  introduced  and  seriously  debated,  authorizing 
a  blockade  of  the  Spanish  ports  in  Cuba,  and  Porto  Rico  :  the  lat- 
ter having  been  designated  in  the  official  communications  from  the 
President,  as  affording  the  mast  numerous  haunts  for  pirates. 

As  lo  Faxardo,  you  have  it  clearly  proved  how  notorious  were 
that  town  and  district,  and  an  extensive  tract  of  country  around,  as 
the  most  pernicious  haunts  for  pirates,  including  tifo  other  noted 
places,  on  the  same  coast,  called  Naguaba  and  Bocca  del  Inferno,  from 
20  to  25  miles  from  Faxardo,  and  equally  notorious  for  the  resort  of 

(i)  Vide  documents  accompanying  the  President's  Message  to  Congress,  2 
December,  1823,  p.  156,  157,  174.  ~ 


460 

pirates,  and  as  receptacles  for  their  plunder.  It  was  to  the  latter 
of  these  places,  known  by  so  characteristic  an  appellation,  that  the 
crew  of  the  piratical  vessel,  driven  on  shore  by  Lieutenant  Sloat, 
attempted  to  retreat,  as  reported  in  his  letter  to  the  Secretary  of 
the  Navy,  of  the  19th  March  last.  I  did  not,  however,  act  up- 
on the  sole  authority  of  report  and  notoriety  ;  more  than  sufficient 
as  they  are  when  sufficiently  credible  to  justify  military  movements. 
It  was  not  till  an  American  merchant,  resident  at  St.  Thomas,  had 
been  robbed  of  property  to  a  considerable  amount,  in  one  of  these 
marauding  expeditions,  traced  upon  credible  information  to  Faxardo; 
nor,  until  after  an  officer  of  my  squadron,  who  had  landed  in  the 
most  peaceable  and  inoffensive  manner,  to  inquire  after  the  pirates 
and  the  plunder,  had  been  treacherously  seized,  and  disgracefully 
treated  at  Faxardo,  that  I  determined  to  land  and  make  an  impression 
upon  that  place.  I  presume  no  military  or  naval  officer  is  to  be 
blamed  for  acting  upon  credible  and  circumstantial  information  :  he 
is  not  to  be  expected  to  wait  for  either  legal  or  moral  certainty  of 
proof.  The  necessity  and  propriety  of  the  measure,  and  the  cor- 
rectness of  the  information  upon  which  1  proceeded,  are  amply  con- 
firmed. 'Tis  in  proof  that  the  spontaneous  opinion  of  the  mer- 
chants of  St.  Thomas,  and  of  the  whole  squadron,  without  any  par- 
ticular communication  from  me,  was  clear  and  decided,  not  only  for 
the  necessity  and  propriety  of  the  measure,  but  that  it  must  and 
would  be  executed.  My  intentions  were  as  clearly  inferred  from 
what  circumstances  decided,  that  they  ought  to  be  as  if  I  had  fully 
declared  them.  The  whole  course  and  event  of  the  action  entirely 
confirmed  every  anticipation.  1  no  sooner  approached  the  harbour 
under  the  most  unequivocal  demonstrations  of  the  real  character  of 
my  squadron,  than  I  found  a  party,  no  wise  distinguishable  in  arms, 
equipment  or  appearance  from  the  pirates  usually  found  on  shore, 
and  who.  in  the  instances  before  mentioned,  had  attacked  Captain 
Cassin,  and  Lieuts.  Kearney  and  Newton,  by  whom  their  villages 
and  huts  had  been  burnt  and  destroyed. 

This  party  stood  ready,  with  two  guns,  on  a  point  of  rock,  and 
the  instant  1  had  anchored,  without  one  act  of  hostility  or  men- 
ace on  my  part,  and  without  any  previous  parley  on  theirs,  com- 
menced hostilities  by  training  the  guns  on  my  nearest  vessel,  and 
then  on  the  boat  which  was  approaching  the  shore  ;  and  nothing,  I 
presume,  but  the  perplexity  in  which  they  were  kept,  between  the 
two  objects,  prevented  them  from  firing  on  us  ;  they  dispersed  be-, 
fore  our  party  reached  their  battery,  the  guns  of  which  we  spiked. 
We  found  the  village  entirely  deserted  :  no  human  being  to  be 
found,  with  whom  we  could  hold  parley.  When  it  is  recollected 
that  I  had  established  a  good  understanding  with  the  Governors  of 
Cuba  and  Porto  Rico  ;  was  acting  in  concert  with  them,  had  remit- 
ted to  their  jurisdiction,  pirates  whom  we  had  taken,  and  who  had 
been  punished  by  the  local  governments  ;  when  all  this  was  known 
and  notorious,  how  could  I,  in  reason,  account  for  these  demonstra- 
tions of  hostility,  immediately  on  my  approach  to  the  harbour  of  Fax- 


461 

ardp  ;  and  for  the  flight  of  the  party,  and  the  desertion  of  the  vil- 
lage ?  Was  I  not  authorized,  nay  bound,  to  conclude  from  the  cir- 
cumstances taken  in  connexion  with  the  infamous  character  of  the 
place,  that  it  was  a  piratical  establishment  ?  Did  it  not  require,  at 
any  rate,  further  investigation,  and  that  I  should  proceed  to  examine 
into  the  state  of  things  at  the  small  town  of  Faxardo,  only  a  mile  or 
two  from  the  harbour  ?  Nothing  I  can  think  can  exceed  the  cau- 
tion and  moderation  with  which  I  proceeded.  A  flag  was  sent  in 
advance  with  a  letter,  addressed  to  a  sort  of  inferior  magistrate  call- 
ed an  Alcalde,  the  only  officer  except  a  very  low  and  disreputable 
person  called  the  Captain  of  the  Port,  who  was  to  be  found  there. 
As  we  followed  the  flag  into  the  interior,  the  most  perfect  order 
prevailed  among  our  troops  ;  and  no  whisper  of  complaint  has  been 
heard  of  the  slightest  injury  to  the  persons  or  property  of  the  in- 
habitants. The  further  we  advanced,  new  circumstances  of  suspi- 
cion to  confirm  all  we  had  heard,  and  all  we  had  inferred  from  what 
happened  at  our  first  landing  arose.  There  was  the  same  irregular 
assemblage  of  armed  men  ;  equally  equivocal  in  character  and  ap- 
pearance, as  those  who  had  been  dispersed  at  the  battery,  without 
any  ot  the  ordinary  badges  to  distinguish  them  as  belonging  to  the 
government  of  the  country  ;  and,  by  their  causeless  hostility,  justi- 
fying the  worst  suspicions  of  their  character  and  intentions.  When 
I  met  the  Alcalde,  accompanied  by  some  of  the  better  sort  from  the 
town,  he  excused  himself,  for  his  conduct  to  Lieuts.  Platt  and  Rit- 
chie, as  under  compulsion  from  others :  and  this  was  repeated  to 
Lieut.  Platt,  by  the  interpreter  and  another  person  in  the  Alcal- 
de's train.  The  nature  of  the  person  and  the  persons  from  whom 
it  proceeded  were  not  explained  ;  and  as  Lieut.  Platl  declares  therd 
appeared  some  strange  mystery  about  the  transaction.  The  myste. 
ry  may,  perhaps,  be  very  satisfactorily  cleared  up  ;  when  it  is  re- 
-collected Lieuts.  Platt  and  Ritchie,  at  their  former  visit,  had  at  first 
been  received  by  the  Alcalde  with  civility  :  but  that  the  rabble  were 
extremely  exasperated  against  them.  From  all  which  connected 
with  the  infamy  of  the  place,  and  the  very  suspicious  conduct 
and  appearance  of  the  people  whom  we  encountered,  it^might  rea- 
sonably enough  be  concluded,  that  the  pirates  were  strong  both  in 
numbers  and  influence,  and  had  overawed  and  held  in  subjection  the 
miserable  functionary,  who  bore  the  badge  without  the  substance 
of  a  regularly  constituted  authority  :  which  it  would  have  been  ab- 
surd, and  derogatory  to  any  government  to  have  treated  as  qualified 
to  challenge  the  respect  due  to  a  sovereign  in  the  person  of  his 
representative. 

Then,  was  not  here  presented  a  clear  case  of  "the  jurisdiction  of 
Spain  ceasing  at  the  point  where  her  weakness  failed  to  maintain  her 
authority"  ? 

What  possible  distinction  between  the  hostile  appropriation  of 
Spanish  territory  and  Spanish  means,  to  our  injury,  by  the  pirates 
in  this  instance,  and  by  the  Seminoles  and  other  savages  in  Florida  ? 
Jn  truth,  every  circumstance  and  every  reason  that  were  admitted 


462 

as  the  most  triumphant  justification  of  the  course  pursued  in  tfce 
campaign  in  Florida,  are  here  more  clear  and  pronounced  :  and  yet 
because  I  merely  displayed  my  force  on  Spanish  territory,  by  way 
of  intimidation  ;  exacted  an  apology  for  the  past,  and  promise  of 
amendment  for  the  future  ;  and  spiked  two  guns  from  which,  on 
leaving  the  harbour,  I  should  have  been  in  eminent  danger  of  a  rak- 
ing fire,  from  a  lawless  banditti ;  who  might  have  secreted  themselves 
from  pursuit  and  punishment :  for  this  have  I  been  recalled  in  dis- 
pleasure, and  subjected  to  a  rigorous  and  penal  prosecution  :  not- 
withstanding the  clear  proof,  now  manifest  to  the  Court,  that  the 
most  beneficial  consequences  had  resulted  from  this  operation  :  that 
instead  ol  producing  any  impediment  to  the  service,  from  the  ill 
will  either  of  the  authorities  or  inhabitants  of  the  Island,  it  served 
to  awe  the  disaffected,  and  inspire  universal  respect  for  our  arms 
and  character.  From  the  subsequent  correspondence  of  Lieut. 
Sloat,  it  appears  that  Governor  Torre  had  been  reported  to  have 
dropped  some  hasty  expressions  of  anger  ;  but  if  he  really  uttered 
such,  it  was  a  momentary  ebullition  ;  for  his  letter  to  Lieut.  Sloat, 
of  the  17th  March  last,  sufficiently  demonstrates  his  good  will  ;  and, 
indeed,  contains  warmer  expressions  of  thanks  for  our  exertions, 
than  are  to  be  found  in  any  of  his  preceding  communications.  The 
effect  upon  the  public  in  general  was  decided  and  instantaneous  ; 
indeed  the  encreased  respect  and  confidence  in  the  vigour,  determi- 
nation, and  efficiency  of  our  measures  ;  and  the  consequent  facilities 
likely  to  be  obtained,  in  the  pursuit  of  our  object,  exceeded  all  ex-, 
pectation.  The  public  honours  bestowed  on  Lieut.  Platt,  at  Ponce, 
only  40  miles  from  Faxardo  ;  and  expressly  on  account  of  the  share 
be  had  borne  in  the  affair  of  Faxardo,  may  give  some  idea  of  the 
prevailing  sentiment. 

As  I  have  said,  nothing  could  exceed  the  astonishment  with  which 
I  received  an  intimation  of  the  displeasure  of  my  own  Government. 
The  only  apprehension  1  entertained,  and  the  only  circumstance 
having  the  remotest  tendency  to  self  reproach  in  the  whole  affair, 
were,  that  I  had  fallen  too  far  short  of  the  point  to  which  uiy  authori- 
ty would  have  reached,  and  to  which  my  duty  under  existing  cir- 
cumstances should  have  pushed  it :  and,  at  this  day,  if  I  were  under 
trial  for  not  having  seized  and  garrisoned  or  destroyed  the  village 
at  the  harbour,  and  even  the  town  of  Faxardo,  as  pernicious  pir-Ue- 
nests  ;  for  not  having  arrested  and  made  prisoners  the  people  ;  or 
those  at  any  rate  who  had  made  any  demonstrations  of  hostility  ;  I 
should  have  conceiveJ  myself  in  far  more  danger  of  censure,  for 
having  left  undone  those  things  which  1  ought  to  have  done,  than 
now,  for  doing  those  things  which  I  ought  not  to  have  done. 

My  best,  if  not  my  only  defence,  in  such  case  would  have  been, 
the  want  of  the  force  and  the  means  necessary  to  give  complete  ef- 
fect to  the  operation  :  and  the  eventual  benefits  resulting  from  the 
actual  and  more  moderate  operation. 

It  may  possibly  be  doubted  whether  the  pursuit  and  arrest  of  pi- 
on  the  hijjh  seas  under  a  regular  commission  from  a  sovereign 


463 

power,  and  with  the  public  armed  force  of  the  country,  be  a  war  of 
a  mere  exertion  of  the  power  of  internal  police  for  the  arrest  and 
judicial  punishment  of  criminals.     In  short  the  want  of  a  regular  de- 
claration of  war  may  be  insisted  on. 

'Tis  a  remarkable  fact  that  what  with  the  continually  recurring 
wars  with  the  Indian  tribes,  the  Barbary  States  and  more  recently 
with  England  ;  not  omitting  what  has  been  called  the  quasi  war  with 
France,  in  1798  ;  this  country  has  enjoyed  but  very  short  intervals 
of  peace  since  the  formation  of  the  Government :  and  yet  there 
stands  upon  record  but  the  single  instance  of  a  declaration  of  war  ia 
that  against  England  on  the  18th  June,  1812.  The  constitution  has 
vested  in  Congress,  the  exclusive  power  of  declaring  war,  but  they 
may  also  provide  for  the  calling  out  of  the  necessary  force  to  sup- 
press insurrections  and  repel  invasions  :  and  they  have  executed 
this  last  power  by  a  special  act  of  Congress  empowering  the  Presi- 
dent to  call  out  the  proper  force  on  such  occasions.  All  our  Indian 
wars  with  every  characteristic  and  concomitant  of  the  most  regular 
Tt'ar  have  resulted  from  the  mere  act  of  having  placed  at  the  disposal 
of  the  President  a  military  force  for  the  protection  of  the  frontier, 
and  to  repel  the  hostile  incursions  of  the  Indians  The  war  com- 
mencing in  tin's  merely  defensive  operation,  has  resulted  in  all  the 
incidental  consequences,  which  we  have  seen  exemplified  in  Gene- 
ral Jackson's  campaigns  in  Florida,  and  in  all  the  preceding  Indian 
wars;  for  none  of  them  were  commenced  under  any  more  formal 
declaration,  or  with  any  more  solemn  preliminaries,  than  that  of 
a  hostile  invasion  repelled  by  force  ;  and  of  a  defensive  war  pushed, 
in  its  consequences,  to  offensive  operations  ;  in  order  to  make  the 
defence  effectual  and  complete.  So  the  wars  with  the  Barbary 
States  were  commenced  in  the  same  way  :  a  naval  force  is  placed  at 
ihe  disposal  of  the  President  for  the  protection  of  our  commerce, 
against  the  Barbary  cruisers,  and  the  history  of  our  Naval  opera- 
tions is  too  well  known  to  this  Court  to  justify  me  in  taking  up  their 
time  by  recounting  the  captures  by  sea,  the  blockades,  the  menaced 
bombardments,  the  intercepting  of  enemy  property  in  neutral  bot- 
toms, and  all  the  other  concomitants  and  incidents  of  the  most  regu- 
lar of  maritime  wars  which  have  resulted  from  this  simple  measure 
of  defence.  So  the  modified  hostilities  with  France,  limited  as  they 
were  supposed  to  be,  by  the  terms  of  the  law  that  authorized  them 
to  a  mere  resistance  of  the  abused  right  of  search,  and  to  the  capture 
of  such  of  their  public  or  private  armed  ships  as  should  be  found 
committing  aggressions  upon  our  commerce,  immediately  blazed  out, 
in  all  the  ardor  of  a  maritime  war  ;  unlimited  in  its  spirit  and  extent 
but  by  the  scarcity  of  objects,  in  the  condition  of  the  French  marine 
upon  which  the  valour  and  enterprise  of  our  navy  could  be  displayed. 
We  did  not  wait  'till  a  French  frigate  or  armed  cruiser  could  be  met 
flagrant  with  aggression  :  but  in  what  place,  condition  or  circum- 
stance soever  met,  she  was  instantly  attacked,  taken,  and  held  as  law- 
ful prize  of  war. 

This  war  against  the  pirates  in  the  West  Indies,  was  just  as  for- 


464 

mally  declared  as  any  of  our  preceding  wars  by  land  or  sea  ;  ex'» 
cept  the  late  war  with  England  :  and  carried  with  it  all  [he  concomi^ 
(ants  and  incidents  of  a  public  war  ;  without  regard  to  the  form  of 
the  preliminaries,  or  the  circumstances  of  its  commencement.  The 
machine  once  put  in  motion,  was  impelled  by  its  own  inherent  en- 
ergies ;  without  the  help  of  proclamations  or  other  paper  muniments. 

A  naval  force  was  placed  by  a  law  of  Congress,  at  the  disposal 
of  the  President,  to  be  employed  in  the  most  effectual  way  accord- 
ing to  the  best  of  his  judgment,  and  under  suitable  instructions  to 
the  commanders,  in  repelling  the  aggressions  and  depredations  of  the 
pirates,  (a)  Under  the  authority  of  this  act,  and  the  instructions  of 
the  President,  the  war  against  the  pirates  was  commenced  and  car- 
ried on.  That  it  wa?  a  regular  war  against  public  enemies,  and  en- 
titled not  only  to  equal  but  to  greater  respect,  from  other  na- 
tions, than  ordinary  wars,  is  clearly  established  by  reason  and  authori- 
ty. Pirates  are  not  the  enemies  of  one  nation  only,  but  of  the  whole 
human  race  ;  and  all  civilized  nations  are,  or  ought  to  be  in  league 
against  them  :  there  can  in  the  nature  of  things  be  no  neutrals  in 
such  a  war.  As  I  have  before  remarked,  the  rights  of  war  io  gener- 
al, seem  to  have  been  derived  for  the  most  part  from  the  analogies 
of  war  against  pirates.  We  find  that  the  President,  in  his  message 
to  Congress,  explaining  and  justifying  the  conduct  of  General  Jack- 
son, towards  the  Spanish  authorities  in  Florida,  enumerates  their 
encouragement  of  buccaneering,  as  one  of  the  enormities  which  has 
forfeited  their  neutral  character  ;  and  General  Jackson  himself,  in 
his  official  correspondence,  justifying  the  apparent  severity  of  his 
proceedings  against  persons  claiming  Spanish  protection,  can  find  no 
more  emphatic  reprobation  of  their  character,  as  placing  them  and 
their  abetters  out  of  the  pale  of  the  law  of  nations,  and  justifying 
every  extremity  against  both  than  to  denominate  them  land  pirates. 
Grotius,  as  I  have  remarked,  infers  belligerent  rights,  in  regard  to 
third  parties,  not  being  enemies,  from  the  analogous  right  to  destroy 
pirates,  though  to  the  danger  and  probable  damage  of  innocent  per- 
sons. 

If  the  question  rested  on  general  reason  and  authority,  it  would 
seem  fo  be  settled.  But  I  have  a  stronger  and  more  practical  war- 
rant, in  the  very  instructions?  which  I  am  charged  with  having  vio- 
lated :  a  document  that  loses  none  of  the  authority  due  to  its  ofticiqj 
character,  from  having  been  signed,  and  probably  indited  by  a  gen- 
tleman whose  talents  and  learning  had  illustrated  a  high  judicial  sta- 
tion in  New  York,  before  he  was  called  to  the  administration  of  the 
Navy  Department ;  and  are  now  added  to  the  splendid  assemblage 
of  the  same  qualities,  on  the  Bench  of  the  Supreme  Court  of  the 
United  States.  These  instructions  lay  down  the  doctrine,  and  apply 
it  to  the  actual  case,  in  terms  that  leave  not  the  shadow  of  a  doubt, 
as  to  the  relations  in  which  I  was  to  hold  myself  as -well  towards 
the  pirates  as  the  Spanish  authorities  and  people. 


(a)  Vid.  act  of  Mar.  3, 1819,  vol.  6,  p.  412.. 


465 

You  will  announce  (says  my  letter  of  instructions)  your  arrival 
&nd  object  to  the  authorities,  civil  and  military,  of  the  Island  of  Cuba, 
and  endeavour  to  obtain,  as  far  as  shall  be  practicable,  their  co- 
operation, or  at  least  their  favourable  and  friendly  support,  giving 
them  the  most  unequivocal  assurance,  that  your  sole  object  is  the 
destruction  of  pirates. 

"  The  system  of  piracy  which  has  grown  up  in  the  West  Indies, 
has  obviously  arisen  from  the  war  between  Spain  and  the  new  Gov- 
ernments her  late  provinces  in  this  hemisphere,  and  from  the  limi- 
ted force  in  the  Islands  and  their  sparse  population,  many  portions 
of  each  being  entirely  uninhabited  and  desolate,  to  which  the  active 
authority  of  the  Government  does  not  extend.  It  is  understood 
that  establishments  have  been  made  by  parties  of  these  banditti  in 
those  uninhabited  parts,  to  which  they  carry  their  plunder,  and  re- 
treat in  time  of  danger.  It  cannot  be  presumed  that  the  Govern- 
ment of  any  Island  will  afford  any  protection  or  countenance  to  such 
robbers.  It  may,  on  the  contrary,  confidently  be  believed,  that  all 
Governments,  and  particularly  those  most  exposed,  will  afford  all 
means  in  their  power  for  thir  suppression.  Pirates  are  considered 
by  the  laws  of  nations,  the  enemies  of  the  human  race.  It  is  the 
duty  of  all  nations  to  put  them  down  ;  and  none  who  respect  their 
own  character  or  interest  will  refuse  to  do  it,  much  less  afford  them 
^n  asylum  and  protection.  The  nations  that  makes  the  greatest  ex- 
ertions to  suppress  such  banditti,  has  the  greatest  merit.  In  making 
such  exertions,  it  has  a  right  to  the  aid  of  every  other  power  to  the 
extent  of  its  means,  and  to  the  enjoyment,  under  its  sanction,  of  all 
its  rights  in  the  pursuit  of  the  object.  In  the  case  of  belligerents, 
where  the  army  of  one  party  enters  the  territory  of  a  neutral  power, 
the  army  of  the  other,  has  a  right  to  follow  it  there. 

"  In  the  case  of  pirates,  the  right  of  the  armed  force  of  one  pow-- 
er  to  follow  them  into  the  territory  of  another,  is  more  complete. 
In  regard  to  pirates,  there  is  no  neutral  party  ;  they  being  the  ene- 
mies of  the  human  race,  all  nations  are  parties  against  them,  and 
may  be  considered  as  allies." 

1  lost  no  time  in  establishing  an  understanding  with  the  Governors 
of  Porto  Rico  and  Cuba,  as  recommended  by  these  instructions; 
and,  as  fully  appears  from  the  documents  accompanying  the  Presi- 
dent's Message  to  Congress,  Dec.  2,  1823,  before  referred  to. 
From  these,  it  has  been  seen  that,  both  the  Governors  recognized, 
without  hesitation,  the  meritorious  character  of  the  war;  pledged 
themselves  for  every  aid  and  co-operation  in  their  power  ;  that,  in 
various  instances  they  did  co-operate  ;  and  actually  received  pri- 
soners taken  by  our  squadron,  both  at  sea  and  on  land,  and  had  them 
executed.  Thus,  the  presumption  upon  which  my  instructions 
proceeded,  that  the  local  governments  of  these  islands  were  to  be 
considered  and  treated  as  allies,  in  a  regular  war,  was  confirmed 
and  consolidated  into  a  solemn  compact,  followed  by  all  the  practi- 
cal and  open  evidences  of  alliance  and  common  cause. 

i  conceive  it  to  have  been  clearly  made  out,  that,  in  the  simple 
59 


4t>6 

character  of  neutrals,  the  conduct  of  the  people  of  Faxardo^  would 
have  justified  stronger  measures,  than  any  adopted  by  me  towards 
them  ;  but,  as  the  subjects  of  an  ally,  embarked  in  a  common  cause, 
they  were  out  of  the  pale  of  protection  from  theirown  state  :  they  were 
identified  with  the  enemy  of  their  own  state  ;  and  the  worst  species 
of  enemy,  pirates. 

They  were  themselves  either  actually  or  constructively  pirates  ; 
and,  in  attacking  and  subduing  them,  (if  I  had  gone  that  length,) 
I  should  have  attacked  and  subdued  the  enemies  of  the  very  state 
whose  territory  and  sovereignty  I  am  charged  with  having  violated. 

The  only  question,  then  that  remains,  is,  whether  it  were  a  vio- 
lation of  my  instructions,  to  have  awed  these  people  into  some  re- 
gard for  their  own  duties,  towards  both  the  allies,  and  some  greater 
respect  to  the  allied  arms,  by  a  display  of  military  power — pushed 
no  further  than  to  produce  the  moral  effect  of  operating  on  theio 
fears,  by  a  demonstration  of  what  we  could  and  would  do,  if  they 
persisted  in  their  iniquities.  The  question,  then,  may  be  reduced 
to  this  :  whether  a  set  of  instructions,  that  passed  through  the  hands 
of  so  eminent  a  lawyer  and  judge  as  Secretary  Thompson,  and  had 
received  the  sanction  of  his  name,  had  been  so  improvidently 
phrased,  as  to  forbid  me  from  doing  the  very  thing  1  was  sent  to  do 
— namely,  from  protecting  the  commerce  and  the  citizens  of  the  Unit- 
ed States  from  piracy  ;  when  it  should  so  happen  that  the  perpe- 
trators, or,  what  is  the  same  thing,  the  abetters,  associates  and  ac- 
cessaries of  the  perpetrators,  and  so  identified  in  appearance  and 
circumstance  with  them,  as  rendered  it  impracticable  to  make  any 
specific  distinction  between  principal  and  accessary,  appeared  in 
the  persons  of  men,  who  had  added,  to  the  crime  of  piracy,  that  of 
flying  in  the  face  of  the  authority  of  that  Government,  under  which 
they  pretended  to  live.  An  absurdity  upon  the  face  of  the  propo- 
sition ;  and  therefore  impossible  to  be  inferred  from  any  sensible 
and  well  advised  instructions. 

Still,  it  may  be  more  satisfactory  to  enter  into  some  analysis  of 
that  document,  in  order  to  see,  if  its  terms  give  any  colour  to  so 
strange  an  imputation  on  its  consistency. 

Let  it  be  remembered,  that  the  question  is  not  whether  my  in- 
structions, in  terms,  import  an  authority  to  do  the  act,  but  whether 
they  prohibit  it.  It  has,  already,  been  shewn,  from  reason,  authority 
and  precedent,  that,  in  proceeding  upon  the  principle  of  self  de- 
fence, to  attack  or  repel  the  enemy  by  the  same  means,  that  he 
uses  for  our  annoyance,  no  act  of  hostility  is  supposed  to  be  com- 
mitted against  the  neutral  or  allied  sovereign,  when  his  territory  or 
his  subjects  are  involved  in  the  consequences  of  belligerent  operations. 

That  it  was  not  to  attack  or  to  punish  Spain,  but  simply  to  repel 
the  attack  of  the  enemy  through  her  instrumentality,  and  with  her 
means,  was  the  principle  assumed  throughout  the  whole  of  General 
Jackson's  justification.  To  have  made  war  upon  Spain,  for  any 
cau«e  ;  either  for  her  violation  of  treaties,  or  for  her  breach  of 
neutrality,  could  have  been  justified  in  no  other  way,  but  by  the 


467 

express  authority  of  Congress,  who  have  the  exclusive 
tion  of  peace  and  war,  and  are  the  exclusive  judges  when  and  for 
what  provocations  war  shall  be  declared.  It  is  for  them,  and  them 
alone,  to  decide  whether  national  insults  or  injuries  shall  be  re- 
sented or  waived.  The  utmost  extent  of  the  President's  power,  is 
to  call  out  the  force  of  the  nation  to  repel  invasions  ;  in  the  exercise 
of  which  power,  it  is  true,  almost  all  our  belligerent  operations, 
since  the  existence  of  the  government,  have  been  carried  on.  All 
these  operations,  then,  upon  Spanish  territory  and  subjects,  by  way 
of  self-defence  against  our  enemy,  result  from  the  incidental  rights 
of  actual  war,  as  fully  vested  in  every  naval  or  military  command- 
er, to  whose  hands  the  arms  of  the  republic  are  committed,  as  in 
the  President  himself.  The  only  difference  is,  that  the  President, 
in  his  quality  of  Commander  in  Chief,  may  restrain  or  modify,  at 
pleasure,  the  practical  exercise  of  the  right,  by  them  in  command 
under  him  ;  but,  in  the  absence  of  such  restraining  order,  these 
high  belligerent  rights  exist,  in  their  full  force,  in  the  person  of  the 
officer  in  the  immediate  command,  whatever  be  his  rank.  Upon 
that  principle  was  the  capture  of  the  Spanish  towns  and  posts  in 
Florida,  explained  and  justified.  The  American  note,  before  cited, 
expressly  states,  that  General  Jackson  had  no  order,  from  his  Go- 
vernment, to  take  them  ;  but  that  he  decided,  from  his  own  discre- 
tion,  upon  the  measure  ;  "  of  the  necessity  for  which  he  had  the 
most  effectual  means  of  forming  a  judgment ;  and  the  vindication  of 
which,  is  written  in  every  page  of  the  law  of  nations,  as  well  as  in 
the  first  law  of  nature — self-defence." 

Then  my  justification  requires  no  order  or  instruction  command- 
ing or  authorizing,  while  it  is  indispensable,  to  the  crimination  of 
my  conduct,  that  some  order  should  be  shewn  forbidding  me  to  ex- 
ercise the  otherwise  clear  right  to  adopt  the  highly  expedient  ne- 
cessary, and,  in  all  its  public  results,  most  fortunate  measure,  now 
in  question.  The  incidental  power,  to  its  fullest  extent,  was  inhe- 
rent to  my  command  ;  unless  that  command  had  been  stripped  of  it, 
by  a  positive  order.  This  brings  us  directly  to  the  question,  whe- 
ther my  instructions,  of  the  1st  February,  1823,  do,  in  terms,  for- 
bid me  to  exercise  this  power.  1  maintain,  not  only  that  there  is 
the  absence  of  any  such  prohibition,  express  or  implied,  but  that  the 
course  of  conduct  which  I  pursued,  is  enjoined  by  my  instructions ; 
and  if  I  had  neglected  that  injunction,  I  should  at  once  have  basely 
betrayed  the  high  and  sovereign  rights  of  war  ;  with  which  the 
glory  and  safety  of  the  nation  are  so  essentially  connected  ;  and  have 
rioiated  the  letter  and  spirit  of  my  instructions,  by  a  course  of 
conduct  directly  opposite  to  that,  now  imputed  to  me,  as  a  disobe- 
dience of  orders. 

I  shall  proceed  to  lay  down  a  few  simple  rules  of  interpretation, 
by  which  the  sense,  in  which  I  clearly  understood  and  acted,  upon 
my  instructions,  may  be  demonstrated,  as  their  true  import  and 
meaning. 

1.  The  reason  or  final  cause  ;  the  main  ond  to  be  accomplished, 


468 

deserves  the  first  consideration.  Then,  I  was  appointed  to  the 
command  of  the  squadron,  for  the  purpose  of  repressing  piracy, 
and  affording  effectual  protection  to  the  citizens  and  commerce  of  the 
United  States.  "  I  am  told  that  it  is  *•  my  duty  to  protect  our  com- 
merce against  all  unlawful  interruptions,  and  to  guard  the  rights 
both  of  persons  and  property  of  the  citizens  of  the  United  States 
•wherever  it  shall  become  necessary.  "  Such  is  the  final  cause,  or 
end  of  the  armament.  It  was  upon  this  principle,  mainly,  that 
General  Jackson  rested  the  justification  of  his  procedure  in  Flori- 
da, when  he  appealed  to  his  instructions,  from  the  War  Depart- 
ment, in  which  he  was  informed  that  the  "  honour  and  interest  of  the 
United  Stales,  required  a  speedy  and  successful  termination  of  the 
war  :  "  and,  he  argues,  that  he  pursued  the  only  means  by  which 
he  could  have  effectuated  that  intent  ;  and  that  the  intent,  both 
general  and  particular,  expressed  in  the  order,  justified  the  means  : 
those  means  being,  in  themselves,  entirely  conformable  to  the 
established  laws  and  usages  of  war.  (a.) 

The  means,  by  which  I  was  to  have  accomplished  the  object  of 
my  command,  were  left  to  my  discretion,  under  the  guidance  of 
some  general  rules.  The  limitations  of  my  authority  from  which 
any  thing  like  a  prohibition  nviy  be  inferred,  are  expressed  in  two 
clauses.  I  am,  in  the  first  place,  told  that  "  where  a  Government 
exist*  and  is  felt,  you  will,  in  all  instances,  respect  the  local  au- 
thorities;  and  only  act  in  aid  of,  and  co-operation  with,  them  :  " 
and  again,  "  in  no  case  are  you  to  pursue  and  apprehend  any  one, 
after  having  been  forbidden  to  do  so,  by  competent  authority  of  the 
local  governments."  Now  the  term  "government,"  or  "local 
government,  "  certainly  means  the  supreme  power  of  the  country  ; 
and,  in  reference  to  the  Spanish  Islands,  means  the  several  pro- 
vincial governments  there  established,  called  local,  in  contradistinc- 
tion to  the  government  of  the  mother  country,  which  is  supreme 
over  all.  It  cannot  be  pretended,  that  the  term  comprehends  the 
inferior  magistrates  of  obscure  towns  and  villages.  Then  this  go- 
vernment must  not  only  exist,  but  mustbe/e/f:  and  felt  to  what 
purpose,  and  to  what  extent  ?  Surely,  to  no  less  than  to  maintain, 
practically  and  efficiently,  its  sovereign  and  active  authority,  in  the 
country  ;  to  the  purpose  and  to  the  extent  of  holding  it  inviolate, 
from  the  inroads  of  the  common  enemy.  In  a  preceding  part  of 
the  instructions,  places,  to  which  the  "  active  authority  of  the  go- 
vernment does  not  extend,"  are  spoken  of:  nor  can  it  be  less  than 
the  active  authority  of  the  government,  in  any  case,  that  I  was 
bound  to  respect.  I  am  told,  repeatedly,  in  my  instructions,  that 
[  am  to  presume  that  the  Spanish  authorities  and  people  will  make 
common  cause  with  me,  and  cordially  co-operate  with  me  :  I  am 
told  so  in  the  very  clause,  which  requires  me  to  respect  the  local 
governments  :  and  strange,  indeed,  if  I  had  been  required  to  re- 
spect them,  on  any  other  terms.  I  was  acting,  not  only  upon  this 

f«.)  Vid.  Nijes'  Reci«t.;r,  vol    18,  p.  3f!l-~2. 


469 

presumption,  but  upon  the  faith  of  direct  and  positive  assurances, 
from  these  very  local  governments,  that  they  would  so  co-operate  ; 
confirmed  by  unequivocal  acts  of  co-operation.  When  1  came  to 
discover  upon  these  Inlands,  extensive  settlements  of  pirates,  in  the 
various  disguises  of  fishermen,  &c.  ;  when  I  found  considerable 
districts,  in  the  possession,  or  under  the  controlling  influence,  of 
pirates  ;  would  it  have  comported  with  due  respect  to  the  lo- 
cal governments,  to  have  presumed  that  such  infamous  abuses  were 
by  their  authority  ;  and  that,  by  attacking  the  pirates,  I  should  be 
invading  the  rights  and  dignity  of  the  governments  ?  Are  these 
pirates  to  be  viewed,  in  such  circumstances,  as  "  Spanish  authorities, 
or  people,"  in  the  sense  of  my  instructions? 

If  such  were  the  presumptions  upon  which  we  were  to  act,  we 
committed  innumerable  transgressions,  in  the  instances  of  the  se- 
veral piratical  establishments  broken  up  and  destroyed,  without 
complaint,  on  the  coast  of  Cuba,  as  before  mentioned. 

But  the  meaning  of  this  injunction,  to  respect  the  local  authori- 
ties, where  a  government  exists  and  is  felt,  is  decided  by  its  imme- 
diate context ;  for  it  goes  on  to  direct  that  I  shall  only  act  in  aid  of,  and 
co-operation  with,  them.  "  Now  the  one  of  these  injunctions,  is  just 
as  obligatory  as  the  other  :  those  whom  1  am  to  respect,  "  I  must 
en-operate  with  and  aid :  they  must  be  in  a  condition  to  challenge 
the  observance  of  both,  or  of  neither.  Then,  if  I  am  to  respect 
the  people  and  authorities  of  the  islands,  who  are  identified  in 
character  and  conduct,  with  the  pirates,  I  must  also  actin  aid  of  and 
co-operation  with  them;"  and  how  consistent  this  may  be,  the 
main  end  and  aim  of  repressing  piracy,  and  affording  effectual  pro- 
tection to  the  commerce  and  citizens  of  the  United  States,  needs 
no  remark  to  illustrate.  When  I  am  told  that  I  must  not  continue  the 
pursuit  of  pirates  on  shore,  "  after  having  been  forbidden  to  do  so 
by  competent  authority  of  the  local  government,"  should  I  have 
been  justified  in  accepting  the  prohibition  of  the  pirates  themselves ; 
or  of  their  known,  or  strongly  suspected  associates  and  acces- 
saries, as  from  such  competent  authority  ?  The  only  prohibition 
ever  received  by  me,  was  in  the  form  of  open  hostility  and 
resistance,  no  otherwise  to  be  accounted  for,  than  as  an  attack 
upon  the  suppressers,  and  a  defence  of  the  professers  of  piracy. — 
Lieut.  Platt  was  not  forbidden  the  pursuit  and  inquiry  which  occa- 
sioned his  first  visit  to  Faxardo  :  but  he  was  at  first  received  with 
insidious  civility,  and  a  professed  respect  to  his  official  character, 
and  in  that  guise  conducted  to  the  town,  where  the  treatment  he  af- 
terwards received  was  equally  unaccountable,  upon  any  other 
ground  than  that  of  the  people,  or  a  majority  of  them,  making  com- 
mon cause,  or  being  identified  with  the  pirates.  I  am  further  di- 
rected, if  the  crews  of  any  vessels,  which  I  have  either  seen  en- 
gaged in  acts  of  piracy,  or  have  just  cause  to  suspect,  as  being  of 
that  character,  retreat  into  the  ports,  harbours,  or  settled  parts  of  the 
Islands,  I  may  enter  in  pursuit  of  them,  for  the  purpose  of  aiding 
the  local  authorities,  or  people,  as  the  case  m;iy  be,  to  seize  and 


470 

bring  the  offenders  to  justice  ;  previously  giving  notice,  that  it  is 
my  sole  object.  Then  here  is  an  affirmative  direction,  (not  neces- 
sary to  communicate  the  authority,  but  only  declaratory  of  an  au- 
thority already  inherent  to  my  command.)  to  pursue  the  enemy  in- 
to the  ports,  harbours,  and  settled  parts  of  the  Island,  but  qualified 
by  a  limitation,  which  necessarily  supposes  that  there  are  authori- 
ties or  people  present,  who  have  the  will,  and,  with  my  aid,  the 
power  to  seize  the  offenders,  and  bring  them  to  justice.  But  sup- 
pose no  authorities  or  people  of  that  description  are  to  be  found  ; 
and  though  the  country  be  ever  so  thickly  settled,  it  is  occupied 
and  held  by  pirates  and  their  accessaries,  who  exert  a  controlling  in- 
fluence and  effective  power  over  the  District,  and  hold  what  people 
and  authorities,  there  may  be,  in  check,  or  in  close  alliance  :  is  not 
the  hypothesis,  upon  which  the  limitations  of  my  otherwise  absolute 
authority  are  expressly  founded,  done  away,  and  is  not  that  author- 
ity consequently  left  in  its  pristine  force  ?  Is  there  any  possible 
construction  of  the  document  that  could  require  of  me  to  aid  and 
assist  people  to  seize  and  bring  themselves  to  justice  ?  The 
very  case  put  by  my  instructions,  as  requiring  the  pursuit  of 
the  piratical  crew,  was  presented.  I  had  just  cause  more  than 
to  suspect  that  such  a  crew,  which  had  robbed  an  "  American 
citizen"  at  St.  Thomas,  had  retreated  with  their  plunder  to  Fax- 
ardo  ;  and,  in  the  pursuit  of  them,  I  am  encountered  at  the 
threshold  by  men  of  the  most  equivocal  appearance,  who  stand 
forward  to  resist  the  pursuers  and  defend  the  pursued  without  par- 
ley or  warning  of  any  kind.  Then,  was  I  not  bound  to  conclude, 
that  these  men  knew  what  they  were  about,  and  that  the  defenders 
and  persons  pursued  were  the  same.  I  knew  to  a  certainty  that 
they  were  not.  and,  in  the  nature  of  things,  could  not  be  acting  un- 
der the  authority  of  the  local  Government  ;  but  I  had  the  strong- 
est grounds  to  presume  that  they  were  acting  against  it.  What  rea- 
son had  I  to  presume  that  they  had  any  better  authority  than  the 
pirates  who  fired  upon  Capt.  Cassin,  near  Cayo  Blanco,  and  upon 
Lieuts.  Kearney  and  Newton  at  Gape  Cruz  ;  and  who,  on  other  oc- 
casions, and  at  other  places,  committed  the  like  violence,  and,  upon 
being  pursued  to  the  interior,  were  found  to  be  settled  in  fishing 
villages,  defended  by  cannon  advantageously  posted  on  the  rocks  ? 

It  seems  to  me  plainly  impossible  to  construe  my  instructions  as 
a  prohibition  of  the  operation  upon  Faxardo,  consistently  either 
with  their  context,  or  with  the  prominent  and  declared  reason,  or 
final  cause  of  the  course  of  service  which  they  prescribed.  A 
learned  and  judicious  author  has  said,  that  "  the  nature  of  every 
law  must  be  judged  of  by  the  end  for  which  it  was  made,  and  by 
the  aptness  of  things  therein  prescribed,  unto  the  same  end  ;"  a 
rule  which  absolutely  concludes  the  present  question. 

2.  The  rule,  which" requires  an  expression  to  be  interpreted 
from  its  relation  to  what  goes  before,  and  what  follows  the  place 
where  it  stands,  "  has  been  embraced  under  the  head  of  rational  in- 
already  considered.  But  another  rule,  entering  large- 


471 

!y  into  every  question  of  interpretation,  is  derived  from  "  the  cir- 
cumstance of  the  same,  or  equivalent  expressions  being  used  by  the 
same  person,  to  express  the  same  intentions,  on  other  similar  occa- 
sions." (/n.) 

Upon  this  point,  it  becomes  material  to  examine  the  orders 
or  instructions  under  which  General  Jackson  acted,  in  the  cam- 
paign before  mentioned.  The  restrictive  clauses  of  these  or- 
ders, being  more  directly  to  the  point,  shall  be  more  parti- 
cularly noticed  :  they  are  explained  by  two  documents.  1st — The 
President's  Message  to  Congress,  25  Mar.  1818,  declares  that 
"  to  the  high  obligations  and  privileges  of  the  great  and  sacred 
right  of  self-defence,  will  the  movement  of  our  troops  be  con- 
fined ;  orders  are  accordingly  given  to  the  general,  not  to  enter 
Florida,  but  in  pursuit  of  the  enemy  ;  and  in  that  case  to  respect 
the  Spanish  authority,  wherever  it  is  maintained."  (n)  2dly — in 
Mr.  Adams'  letter  to  our  Minister  at  Madrid,  the  order  is  laid  down 
in  nearly  the  same  terms,  (o)  The  only  difference  between  the 
terms  of  the  restriction  upon  him,  and  upon  me,  is  that  in  my  case,  the 
Government  must  be  felt ;  in  his,  its  authority  maintained — and  what 
difference  there  may  be  between  these  terms  may  be  explained,  (if 
indeed  explanation  can  be  necessary,)  by  a  reference  to  the  Presi- 
dent's subsequent  message,  of  November  17th,  1818,  where  this 
very  expression  of  a  Government  being  felt  is  used  ;  (p~)  and  though 
there  was  a  regularly  organized  colonial  Government,  in  possession 
of  towns  and  fortified  places,  with  well  appointed  garrisons,  within 
the  precincts  of  which  Spanish  authority  was  paramount  and  undis- 
puted ;  yet,  because  their  authority  was  confined  almost  exclusive- 
ly to  the  walls  of  St.  Augustine,  Pensacola,  &c.  because  they  could 
not  exercise  an  efficient  and  active  authority  over  those  without 
the  walls  ;  and  because  all  these  strong  holds  were  made  subservi- 
ent to  the  purposes  of  Indian  hostility,  the  authority  of  the  Gov- 
ernment was  held  not  to  have  been  "  maintained,"  not  to  have  been 
"felt"  even  within  the  walls  of*  places  garrisoned  by  their  troops^; 
BOt  even  in  the  capitals  of  their  provinces,  where  the  Government 
actually  resided.  These  very  places  were  taken,  because  the  au- 
thority of  the  Government  was  not  maintained  or  felt,  to  the  extent 
required  by  her  neutral  duties,  and  necessary  to  give  effect  to  oat- 
lawful  means  of  repressing  Indian  hostilities.  When  the  General 
found  that  the  Government  was  not  sufficiently  maintained  or  felt, 
to  fulfil  the  final  cause  or  end  of  his  military  operations,  but  tended 
to  defeat  it,  be  was  justified  in  concluding  that  it  was  not  maintain- 
ed or  felt  to  the  degree  supposed  by  the  limitation  in  his  instruc- 
tions, and  of  course  that  the  limitation  fell  with  the  hypothesis  up- 
on which  it  was  founded. 

(m)  3  Cam.  Grot.  p.  145,  sec.  7. 
(n)  Vid.  Niles'  Reg.  vol.  15,  p.  100. 
(o)  Vid.  ibid.  p.  371. 
fw)  Niles'  Reg.  vol.  15,  p.  2I3» 


472 

Lest  it  be  surmised,  that  the  Government  was  secretly  actuated 
by  any  policy  to  attack  and  undermine  Spanish  power  in  the  Flori- 
<ias,  not  applicable  to  the  state  of  things  in  the  West  Indies,  (if  it 
be  necessary  to  vindicate  the  Government  against  any  sort  of  dou- 
ble-dealing,) I  may  refer  to  the  successive  orders  from  the  War 
Department  to  Generals  Gaines  and  Jackson,  from  the  2d  Dec.  1817, 
to  the  6th  Feb.  1 8 1 8.  (q~)  By  these  it  appears,  that  it  was  contrary 
to  the  policy  and  inclination  of  the  United  States,  to  be  embroiled 
with  Spain  at  thai  time.  The  slate  of  the  pending  negotiation  is  re- 
ferred to  as  rendering  it  impolitic  to  provoke  her  :  and  General 
Gaines  is  instructed,  that,  if  the  Indians,  when  pursued  into  Flori- 
da, shelter  themselves  under  a  Spanish  fort,  he  is  to  stop,  and  give 
notice  to  the  Government. 

A  practical  construction  is  given  to  my  orders,  by  the  toleration 
of  all  the  previous  descents  upon  Cuba  and  Porto  Rico,  followed  by 
the  destruction  of  settlements,  having  all  the  appearance  of  innocent 
fishing  villages,  where  were  assembled  men,  women,  and  children, 
of  all  ages;  and  which  were,  nevertheless,  found  to  belong  to  pi- 
rates, in  disguise,  (r) 

But,  suppose  I  have  failed  to  establish  the  construction  of  my  or- 
ders, as  understood  by  myself,  and  now  explained  ;  does  it  follow 
that  I  am  guilty  of  any  disobedience  of  orders,  under  the  naval  arti* 
clesofwar?  The  negative  may  be  clearly  maintained,  on  two 
grounds. 

1.  The  articles  of  war  look  only  to  orders  given  by  a  superior 
officer  in  immediate  command  ;  not   to   general  instructions    from 
the  Government ;  the  observance  of  which,  it  is  supposed,  the  Go- 
vernment has,  in  its  own  hands,  the  means  of  enforcing. 

2.  The  instructions  are    discretionary  ;    and   no   officer  can  be 
charged  with  the  breach  of  a  discretionary  order,  unless  he  wilfully 
and  corruptly  misconstrue  and  pervert  them.     For  no  mistake   of 
judgment  can  be,  in  the  nature  of  things,  punishable      Here  is  the 
law  of  nations  laid  down  to  be  in  my  instructions  ;  to  be  applied  in  a 
great  variety  of  supposed  circumstances,  to  facts  as  they  arise.     A 
number  of  rules,  defining  the  relative  rights  of  the  parties   are  pre- 
scribed, requiring  the  exercise  of  discreet  judgment  to  expound 
tlHMii.     I  apprehend  it  to  be  impossible  for  any  man  to  review  the 
circumstances  of  this  case,  without  admitting,  whatever  be  his  opi- 
nion of  my  judgment,  or  my  reasoning,  that  I  might  not,  in  the  ho- 
nest exercise  of  my  reason  and  judgment,  have  done  the  act  with 
which  I  am  charged. 

To  bring  me  within  the  scope  of  this  most  penal  charge,  it  must 
appear,  that  1  was  either  positively  ordered  to  do  something  that  I 
omitted,  or  positively  forbidden  jto  do  something  that  I  did  ;  or  that, 
tinder  pretence  of  executing  a  discretionary  authority,  I  corruptly 
or  maliciously  abused  it. 

(q)  Vid.  Nilcs'  ReK.   vol.  15,  p.  303-5. 

(r)  Vid.  Lieut.  Kearney's  report,  in  Aug.  1823,  among  the  documents  with 
the  President1!  Message,  of  Dec.  1823,  p,  174. 


473 

SECOND  CHARGE  AND  SPECIFICATIONS. 

The  second  branch  of  the  accusation  has,  from  the  first,  occav 
sioned  me  no  little  perplexity,  which  has  in  no  degree,  been  re- 
lieved by  any  elucidation  in  the  course  of  the  present  trial. 
Whether  any,  and  what  sort  of  justification  it  made  incumbent  on 
me,  was  not  so  easy  to  determine,  from  any  matter  of  crimination, 
either  distinctly  pronounced,  or  properly  to  be  inferred  from  the 
context  of  the  charge  or  the  specifications. 

The  process  neither  of  the  evidence,  nor  of  the  argument,  by 
which  the  gist  of  the  prosecution,  and  the  points  on  which  it  turned, 
should  have  been  distinctly  explained,  or  openly  vindicated,  has 
tended  to  possess  me  with  any  more  clear  or  detailed  information  of 
the  specific  quality  and  degree  of  the  offence  with  which  I  was  to 
be  charged,  or  of  the  penal  consequences  supposed  to  be  attached 
to  it,  than  might  have  been  collected  from  the  extremely  vague  and 
indefinite,  if  not  unintelligible,  terms  of  the  charge  and  the  specifi- 
cations. Indeed,  the  impenetrable  reserve,  affecting  mystery,  if 
not  studious  of  concealment,  by  which  such  dim  and  partial  views 
of  these  points  have  been  vouchsafed,  would  seem  to  indicate  the 
darkest  suspicions,  and  a  necessity  for  a  prosecution  as  unrelenting 
in  its  purpose,  and  as  unscrupulous  in  its  means,  as  could  be,  at  all* 
admissible  in  any  judicial  procedure,  as  if  it  were  dealing  with  some 
wily  and  veteran  offenders,  skilled  and  experienced  in  all  the  sub- 
tleties of  evasion  ;  and  who  was  to  be  caught  in  his  iniquities  only 
by  pouncing  upon  him  unawares,  and  by  concealing  from  him  the 
quarter  of  attack,  'till  the  unseen  blow  pushed  home  and  felt  in  all 
its  force,  should  have  overwhelmed  him  with  the  shame  of  open 
detection,  while  unprovided  with  a  subterfuge,  and  cut  off  from  all 
retreat. 

I  was  instructed  by  the  clear  and  unhesitating  advice  of  my  coun- 
sel, confirmed  by  as  clear  an  insight  into  the  merits  of  the  question 
as  could  be  obtained  by  my  own  common  sense,  to  conclude  that  this 
branch  of  the  accusation  purported  to  charge  me  with  no  offence, 
of  which  this  Court  had  any  judicial  cognizance  ;  and  my  own  con- 
science, as  far  as  it  had  been  enlightened  by  any  knowledge  or  con- 
jecture of  the  transactions,  so  darkly  alluded  to,  was  equally  void  of 
any  offence  to  which  any  degree  of  guilt,  either  legal  or  moral, 
could  be  imputed.  Indeed  it  was  clear  enough,  upon  the  face  of 
the  accusation  itself,  how  sedulously  the  responsibility  of  having^ 
imputed  any  thing,  immoral  or  dishonourable,  had  been  guarded 
against  ;  and,  accordingly,  that  instead  of  a  definite  and  precise 
charge,  supported  by  specifications,  in  any  proper  and  legitimate 
sense  of  the  term,  vague  censures  clothed  in  loose  generalities,  and 
in  the  most  ambiguous  and  perplexed  phraseology,  had  been  intro- 
duced, by  a  strange  abuse  of  terms,  under  the  name  of  a  charge  and 
specifications. 

Perfectly   consistent  with  the  original  frame  of  the  accusation, 
has  been  the  method,  in  which  it  has  been  followed  out,  in  the 
proof  and  in  the  argument. 
60 


474 

Voluminous  masses  of  documents,  consisting  of  a  miscellaneous 
correspondence,  and  a  printed  pamphlet  of  more  than  one  hundred 
pages,  were  produced  in  evidence,  under  the  several  specifications, 
and  indiscriminately  read,  from  beginning  to  end,  without  any  spe- 
cific designation,  or  reference  whatever  to  the  passages  or  the  cir- 
cumstances wherein  the  offensive  matter  was  supposed  to  consist, 
with  the  single  exception  of  the  alleged  omissions,  deficiencies  and 
verbal  inaccuracies,  charged  upon  that  part  of  my  pamphlet,  which 
purports  to  set  out  the  proceedings  of  the  Court  of  Inquiry  ;  which 
were,  indeed,  vouchsafed  after  the  trial  had  proceeded  for  more 
than  a  fortnight.     Additional  masses,  little  less  voluminous,  of  do- 
cuments and  other  collateral  evidence,  have  been  introduced,  and, 
in  like  manner,  read  indiscriminately,  from  beginning  to  end,  with-* 
out  the  slightest  intimation  of  the  charge  or  the  specification,  to 
which  they  were  to  be  applied,  far  less  of  the   bearing  they  were 
supposed  to  have  on  any  point  of  the  accusation,  or  of  the  purpose 
and  object  of  their  introduction.     In  two  instances,  witnesses  have 
been  introduced  to  authenticate  numerous  documents,  without  nam- 
ing or  describing  them  ;  and  even  without  any  enumeration  or  de- 
scription of  them  being  entered  on  the  minutes,  which  record  the 
evidence  by  which   they  are  authenticated.     Our  request  to  have 
these  documents  openly  exhibited  and  subjected  to  our  inspection  ; 
or,  at  any  rate,  to  be  furnished  with  a  list  and  specific  description 
of  them,  has  been  denied  ;  and  all  that  was  vouchsafed  to  us,  was 
an  intimation  that  it  would  he  time  enough  for  us  to  see  and  inspect 
the  documents  when  they  came  to  be  successively  produced,   as 
wanted,  from  time  to  time,  in  the  progress  of  the  trial.    In  the  mean 
time,  they  have  been  kept  under  lock  and  key,  wholly  inaccessible 
to  me  ;  and,  to  this  very  day,  I  am  ignorant  how  many,  or  what  part, 
or,  indeed,  if  any  of  these  documents  have  since  been  found  useful 
to  subserve  the  ends  of  the  prosecution,  or  have  been  actually  used 
as  evidence  ;  though  I  presume,  (but  without  any  responsible  assur- 
ance of  the  fact,)  that  some  part  of  my  official  correspondence  with 
the  Navy  Department,  since  read  and  attached  to  the  record,  entered 
into  the  composition  of  this  strange  paradox,  of  documents  openly 
proved  in  a  Court  of  Justice,  and  yet  unknown  either  to  the  Court, 
or  to  the  party  against  whom  they  were  produced.     At  a  late  stage 
of  the  trial,  interrogatories  are  exhibited,  for  the  examination  of  a 
witness  upon  deposition.     Explanation  is  asked,  and  unhesitatingly 
denied; — 1st,  of  the  authority  lor  taking  a  deposition,  instead  of 
confronting  the  witness  with  the  accused,  as  indispensably  required, 
(with  a  few  stated  exceptions,  expressly  provided  for  by  statute,) 
in  every  criminal  case,  and,  above  all,  in  every  capital  case  ;  and 
this,  not  only  in  the  absence  of  any  direct  authority  to  be  found   in 
the  Naval  articles  of  war,  or  other  law,  but  in  the  face  of  an  article 
expressly  requiring  that  the  witnesses  examined  before  a   Naval 
Court  Martial,  shall  be  sworn  by  the  President  of  the  Court.     2d, 
of  the  purpose  for  which  this  deposition  was  wanted,   and  of  the 
point  to  which  it  was  to  be  applied,  in  order  that  I  might  frame  the 


475 

fcross-Jnterrogatories,  which  I  was  called  upon  to  furnish,  with  adis 
creet  forecast  of  the  operation,  and  effect  of  the  evidence  upon  my 
cause.  The  deposition,  taken  before  a  county  justice  of  the  peace, 
sffter  having  been  held  up,  for  some  days,  without  any  notice  to  me 
that  it  had  been  received,  is  at  length  produced,  and  read  to  the 
Court,  under  the  same  silence  and  reserve,  as  to  the  bearing  or  re- 
levancy it  might  be  supposed  to  have,  upon  any  matter  put  in  iftue 
by  any  of  these  charges  and  specifications — the  want  of  relevancy 
and  pertenency,  to  any  such  matter,  being  apparent  upon  its  face. 

Whether,  in  all  this,  there  were  any  thing  to  be  condemned  as 
irregular,  according  to  the  established  law  and  practice  of  Courts 
Martial,  this  Court  has  not  been  called  on  to  decide  ;  for  I  was 
wearied  out,  myself,  and  apprehensive  of  fatiguing  the  Court,  and 
exhausting  its  valuable  time,  by  raising  my  voice  so  frequently 
against  the  continually  recurring  aberrations  from  the  salutary  forms 
of  procedure,  usually  observed  in  criminal  prosecutions  :  and  equal- 
ly indispensable  to  the  due  administration  of  justice  in  a  military, 
as  in  a  civil  court.  1  made  this  sacrifice  of  my  right  to  complain 
and  to  demonstrate,  with  no  other  hesitation,  but  what  arose  from 
my  reluctance  to  sanction  a  dangerous  precedent ;  the  pernicious 
consequences  of  which,  to  the  principles  of  military  jurisprudencej 
were  incalculable.  My  own  innocence,  I  knew  to  be  too  firmly  seat 
ed  in  conscience,  too  strongly  fortified  by  its  internal  strength,  and 
too  well  guarded  by  external  evidence,  to  fear  either  secret  sap,  or 
open  assault :  and  it  shall  not  be  my  fault  if  any  transgressions  against 
the  wholesome  rules  of  judicial  practice,  be  drawn  into  precedent 
hereafter. 

My  own  feason  informed  me,  and  the  clear  and  decided  author- 
ity of  every  approved  author  who  had  treated  of  the  elements  or 
practice  of  military  law,  was  united  with  undeviating  unanimity,  in 
pronouncing,  that  every  alleged  offence  against  military  law,  as 
against  the  general  law  of  the  land,  must  be  determined  by  some 
fixed  and  known  rule  of  action,  instituted  by  positive  law  ;  and 
defining  the  character  and  degree  of  the  offence  ;  and  that  it  must 
be  shown  by  the  terms  of  the  accusation,  to  be  cognizable  and  pun- 
ishable under  such  law.  The  grounds  and  principles  upon  which 
this  proposition  may  be  demonstrated,  and  by  which  the  present  ac- 
cusation, after  having  that  test  applied  to  its  terms,  is  necessarily 
excluded  from  the  legal  cognizance  of  the  Court,  have  been  amply 
unfolded  in  the  preliminary  exceptions  taken  by  my  Counsel,  to  the 
2nd  charge  and  its  specifications.  In  the  answer  to  these  excep- 
tions,*the  undisputed  power  of  the  Executive,  to  discharge  from 
service,  any  officer  holding  under  its  appointment,  in  other  words, 
to  revoke  a  commission  granted  during  pleasure,  is  adverted  to.  It 
is  intimated  that  this  power  has  been  exercised,  and  may  be  again, 
to  protect  the  Executive  from  the  contumelies  ot  its  subordinate 
officers  ;  that,  in  this  instance,  the  Executive  was  under  no  neces- 
sity to  have  remitted  me  to  a  Court  Martial  for  trial  ;  but  might  have 
judged  and  punished  me,  by  its  own  inherent  jurisdiction,  and  upon 


476 

the  responsibility  of  its  discretionary  powers;  and  that,  having 
this  inherent  power  and  jurisdiction,  it  has,  by  the  act  of  preferring 
these  charges,  pronounced  its  own  opinion  of  my  conduct ;  and  has 
required  of  this  Court  nothing  more  than  to  inquire  and  ascertain 
whether  the  acts,  of  which  it  is  to  be  taken  for  granted,  from  the 
official  exhibition  of  the  charge,  that  I  am  guilty,  may  be  explain- 
ed Hr  palliated  by  any  circumstances  of  excuse  or  mitigation. — 
Then,  it  I  may  rightly  comprehend  this  reasoning,  this  Court  is 
now  exercising  a  jurisdiction,  ex  gratia  ;  as  a  mere  concession  from 
the  Executive  ;  without  any  necessary  and  legal  cognizance  of  the 
matter,  and,  instead  of  a  grave  tribunal  of  criminal  judicature,  com- 
missioned to  pronounce  the  solemn  judgments  of  the  law  upon  the 
guilt  or  innocence  or  a  prisoner,  accused  of  high  offences  against 
the  law,  we  have  an  anomalous  sort  of  inquest  or  council  of  cere- 
monies, which  is  to  report  to  some  superior  authority,  every  breach 
of  decorum  or  good  breeding,  from  boorish  rudeness,  to  the  slight- 
est deviation  from  obsequious  respect,  by  which  fastidious  pride,  or 
apprehensive  delicacy,  might  be  offended.  In  that  view  no  punish- 
ment is  to  be  inflicted  by  the  judgment  of  this  Court,  but  the  case  is 
to  be  again  remitted  to  the  Executive,  for  him  to  decide,  from  the 
circumstances  reported  by  this  Court,  upon  the  expediency  of  ex- 
erting his  power  to  remove  me  from  office.  It  is  further  implied, 
if  not  laid  down  in  terms,  that  the  Executive  requires  not  the  opin- 
ion of  this  Court,  whether  the  facts  specified  under  the  second 
charge  be  true,  nor  whether  they  do,  in  themselves,  amount  to 
"  insubordinate  conduct,  and  conduct  unbecoming  an  officer  ;"  both 
the  fact  and  the  corollary  being  already  established  by  the  opinion 
of  the  Executive,  manifested  in  the  exhibition  of  the  charge  ;  and 
the  function  of  this  Court  being  limited  to  a  report  of  any  circum- 
stances of  excuse  or  mitigation  to  be  offered  on  my  part.  Still,  the 
argument  of  the  Judge  Advocate,  in  answer  to  the  exceptions  taken 
by  my  counsel,  concludes  with  a  clear  and  unhesitating  opinion,  that 
the  charge  and  specifications  are,  not  only,  sufficient  in  substance 
and  form,  but  that  they  do  specify  offences  of  a  military  character  ; 
for  which  the  accused  may  be  arraigned  and  tried  before  a  Court 
Martial.  Whether  punishment  be  understood  to  be  involved  in  the 
arrangement  and  trial,  here  spoken  of,  or  to  be  deferred  to  the  Exe- 
cutive discretion :  so  as  to  reduce  arraignment  and  trial  to  a  mere 
inquisition  of  circumstances  of  excuse  and  mitigation,  or  whether  a 
judicial  power  to  try  and  punish,  concurrent  with  the  Executive 
power  to  judge,  summarily  upon  view,  and  to  punish  by  removal 
from  office,  be  affirmed  :  are  questions  which  it  would  be  dfpficull 
to  determine  by  any  lights  in  the  preliminary  exposition,  that  has 
been  elicited,  of  the  principles  upon  which  the  jurisdiction  of  this 
Court  may  attach  itself  to  the  case. 

Having  still  to  grope  my  way  through  a  dubious  twilight,  to  a 
knowledge  of  what  may  constitute  the  gist  of  my  offence,  and  the 
essence  of  my  accusation,  in  point  both  of  law  and  of  fact,  1  must 
proceed,  by  the  help  of  anticipations  and  conjectures  of  the  point 
of  attack,  to  defend  myself,  the  best  1  may,  on  every  ground. 


477 

Though  I  had  yielded  my  conviction,  with  such  absolute  confi- 
dence, to  the  force  and  conclusivness  of  the  reasons  by  which  the 
preliminary  exceptions  of  my  Counsel  to  the  sufficiency  of  the  se- 
cond charge  and  its  specifications,  hud  been  sustained,  yet  I  should 
not  have  been  in  the  least  disconcerted,  nor,  as  I  imagine,  material- 
ly curtailed  of  my  defence,  if  such  exception  had  been  overruled  by 
any  new  and  unexpected  arguments,  which  the  learning  and  abilities 
enlisted  against  me,  might  have  suggested  in  answer.  I  should, 
without  regret,  have  given  undisputed  sway  to  the  philological  and 
legal  disquisitions  which  were  supposed  to  have  furnished  such  vic- 
torious arguments  in  support  of  the  charge  and  specifications  ex- 
cepted  to.  But  when  I  found  myself  assailed  by  a  species  of  argu- 
rnentum  ad  hominem.  digressing  into  circumstances  foreign  to  the 
point  in  question  ;  and  proceeding  upon  the  most  extraordinary  mis- 
apprehension of  my  language  and  conduct,  and  of  the  motives  in- 
ferred from  them,  1  could  not  forbear  to  discharge  myself  from  the 
imputations,  and  to  disclaim  the  inferences  that  might  have  resulted 
from  this  official  and  recorded  misconstruction  of  my  conduct  and 
motives. 

I  adhere,  with  undiminished  confidence,  to  the  propositions  of 
law,  which  have  been  stated  and  illustrated  by  my  counsel,  to  ac- 
quit me  of  any  necessity  to  answer  the  second  charge  and  its  speci- 
lications  ;  but  before  I  advert  to  the  grounds  upon  which  they  are 
either  maintained  or  contested,  I  must  be  permitted  to  pass,  very 
briefly,  under  review,  the  collateral  topics  of  disparagement,  which 
have  been  brought  in  aid  of  the  argument  against  them. 

1st.  As  an  evidence  of  my  disposition  to  raise  captious  and  fa- 
tile  objections,  if  not  of  my  want  of  candour,  it  has  been  stated 
that  1  had  complained,  on  the  first  day  of  the  Court,  of  not  having 
been  served  with  a  copy  of  the  charges  and  specifications;  and  yet, 
the  next  day,  1  produced  a  copy  with  which  1  had  been  regularly 
served,  and  which  differed  from  that  upon  which  I  had  been  ar- 
raigned only  in  two  letters.  The  fact  is  well  remembered,  that  I 
gave  as  a  reason  for  demanding  a  fresh  copy  of  the  charges  and 
specifications,  a  difference  I  had  discovered  between  the  copy  read 
and  that  in  my  possession;  and  my  written  explanation  the  next 
day,  which  I  hope  forms  a  part  of  the  record,  minutely  explains 
the  difference  between  the  two.  Nor  is  the  stated  result  of  the 
minute  calculation,  which  reduces  the  variance  to  a  mere  differ- 
ence of  two  letters  in  the  spelling  of  a  word,  by  any  means  correct 
or  fair.  The  variance,  (no  matter  in  how  many  letters  or  words  it 
consisted,)  was  in  the  date  of  one  of  my  letters  specified  as  "t'n- 
qubordinate  and  disrespectful."  The  letters  were  no  otherwise 
specified  or  identified  than  by  a  naked  reference  to  dates ; — the  one 
copy  of  the  specification  gave  a  letter  of  one  date,  the  other  copy 
omitted  that,  and  gave  a  letter  of  another  date ;  and  so  the  vari- 
ance consisted  not  in  the  difference  between  the  spelling  of  thirtieth^ 
and  thirteenth,  but  in  the  entire  letter,  which  constituted  one  ot 
the  documents  of  the  charge:  nod  in  one  sense,  may  answer  to 


478 

the  result  of  the  Judge  Advocate's  calculation  of  a  difference  of 
two  letters.  But  if  it  be  true,  as  has  been  suggested,  that  the  only 
office  of  the  Court  in  this  trial,  is  to  offer  propitiation  to  another 
authority,  by  which  I  stand  already  condemned  upon  the  strict 
law  and  the  fact ;  how  hopeless  the  task  of  exculpation  or  excuse, 
if  the  spirit  in  which  the  charges  have  been  instituted,  be  consen- 
taneous with  that  by  which  they  are  prosecuted  to  judgment.  For 
here  am  I  charged  with  litigiousness,  illiberally,  and  want  of  can- 
dour; because  1  had  simply  pointed  out  an  important  detect  in  the 
procedure  against  me;  all  the  advantage  from  which  I  had  volun- 
tarily waived,  and  had  conceded  to  the  prosecution  and  election  to 
adapt  either  or  both  of  the  letters  referred  to  iu  the  two  copies  of 
the  specification ;  only  requiring  that  the  election  should  then  be 
definitively  made. 

2d.  I  am  also  represented  as  having  appealed  to  the  Judge  Advo- 
cate io-withdraw  the  second  charge,  and  even  to  have  followed  up  that 
application  with  some  intimation  sounding  in  menace,  and  it  is 
thought  necessary  gravely  to  expound  the  relative  powers  and  du- 
ties of  the  Judge  Advocate,  from  which  any  discretionary  authority 
to  •withdraw  a  charge  is  excluded.  The  only  circumstance  from 
which  I  am  given  to  understand  that  this  attempt  to  escape  from  the 
prosecution,  either  by  the  lenity  or  the  fears  of  those  who  were  to  up- 
hold it  has  been  inferred,  was  a  simple  appeal  made  by  my  counsel, 
purely  out  of  the  courtesy  usual  on  such  occasions,  to  the  candour 
of  the  Judge  Advocate,  as  the  law  adviser  of  the  Court,  upon  the 
validity  of  the  exceptions  to  the  second  charge. 

As  I,  and  every  person  present,  with  whom  I  have  compared 
notes,  most  distinctly  and  clearly  understood  the  passage  of  the 
transaction  alluded  to  ;  my  Counsel  was  insisting  upon  the  right  to 
the  reply,  if,  contrary  to  his  expectation,  any  answer  should  be 
offered  to  the  reasons  advanced  in  support  of  his  exception  to  the 
charge  and  specifications  ;  and,  after  explaining  that,  according  to 
all  judicial  practice,  the  right  of  reply  lay  with  that  party  who  had 
originated  the  motion,  and  supported  it  by  an  opening  argument, 
he  qualified  his  application  to  the  Court,  by  saying  that  he  really 
did  not  anticipate  a  necessity  for  any  such  reply  in  that  instance,  as 
be  entertained  a  very  confident  hope  and  expectation,  that  the 
Judge  Advocate,  when  he  should  have  deliberately  considered  the 
question,  would  candidly  admit  the  force  of  the  objections,  instead 
of  attempting  to  answer  them,  and  would  abandon  the  charge  and 
specifications,  as  untenable. 

Why,  such  an  appeal  to  the  candour  of  an  opponent,  should 
be  abhorrent  to  the  principles,  upon  which  this  prosecution  is  con- 
ducted, concerns  only  him  or  them  to  whom  the  conduct  of  the 
prosecution  is  entrusted.  I  ask  no  favours,  no  concession  ;  nothing 
in  short,  but  the  strictest  debt  of  justice,  cast  up  by  the  hardest 
reckoning  ;  nor  have  I  ever  desired  to  wrest  it  from  any  withholder 
by  other  than  the  moral  force  of  law  and  justice.  As  to  the  men- 
ace, so  strangely  surmised,  it  is  said  to  be  inferred  from  some 


479 

expression  in  the  written  argument  of  my  Counsel.  Whatever  be 
the  exceptionable  passage  in  that  document,  it  now  stands  recorded 
for  the  condensation  or  acquittal  of  its  author  ;  and  dispenses  me 
from  any  explanation, further  than  that  I  have  looked  in  vain  for  the 
passage  from  which  any  mind,  not  afflicted  with  an  extreme  suscep- 
tibility of  offence,  could  have  inferred  a  menace.  Every  well 
wisher  to  the  credit  and  success  of  this  prosecution  must  hope, 
that  its  character  for  nerve  and  determination,  should  rest  upon 
some  less  equivocal  evidence,  than  the  power  to  withstand  the  in- 
stances of  this  shadowy  phantom  of  a  menace.  As  yet,  certainly 
no  infirmity  of  purpo?e,  in  the  course  of  the  prosecution,  has  given 
ground  for  any  doubt,  either  of  the  active  courage  or  the  passage 
fortitude,  by  which  it  is  upheld  ;  and  I  shall  be  the  last  to  under- 
value the  efficacy  of  the  tremendous  ordeal  to  which  those  high 
qualities  seem  to  have  been  voluntarily  destined,  by  the  man- 
ner in  which  they  are  exerted  upon  this  occasion. 

3d.  1  am  also  charged  with  having  taken  refuge  under  nice  cavil* 
of  law  and  grammar  ;  with  having  taken  advantage  of  verbal  criti- 
cisms and  legal  technicalities,  to  escape  the  legitimate  consequen- 
ces ol  the  charge  ;  and  with  having  manifested  more  dread  of  punish- 
ment, than  sensibility  to  character  ;  as  if  I  were  willing  to  go  forth 
acquitted  by  the  judgment  of  the  law,  but  condemned  by  the  moral 
sense  of  mankind  ;  unpunished  in  person,  but  tarnished  in  fame. 
To  little  purpose,  indeed,  have  I  so  long  lived  and  acted  in  the 
public  eye,  if  there  exist  a  man  who  could,  in  his  heart,  entertain 
the  suspicion  that  I  could  incur  any  more  grievous  punishment  in 
this  life,  than  a  degraded  name,  or  could  aspire  to  any  higher  re- 
ward than  a  pure  conscience  and  a  spotless  reputation.  But  if  it 
were  otherwise,  and  it  were  true,  that  I  could  have  been  reproach- 
ed with  a  design  to  escape  investigation,  by  resting  upon  any  legal 
advantage,  it  is  without  precedent,  I  believe,  either  in  England  or 
in  this  country,  that  the  law  officer  of  the  government,  charged 
with  the  conduct  of  a  public  prosecution,  should  have  attempted  to 
affix  a  stigma  to  the  character  of  the  accused  as  a  substitute  for  legal 
conviction  and  punishment ;  or  if  there  be  any  instance  either  among 
the  crown  lawyers  of  England,  or  the  law  officers  of  the  United 
States,  of  any  such  gratuitous  infliction  upon  the  feelings  of  the  ac- 
cused, it  has  been  held  up  as  a  beacon  to  be  reprobated  and  avoid- 
ed, rather  than  as  an  example  to  be  followed.  The  humane  dictate 
of  public  justice,  in  every  such  case,  is  that  the  law  and  its  minis- 
ters either  judicially  acquit,  or  judicially  condemn,  without  quali- 
fication :  whom  the  law  acquiteth,  its  ministers  presume  not  to 
condemn  ;  but  for  every  moral  offence,  without  the  cognizance  of 
vindictive  justice,  the  party  is  remitted  to  his  conscience,  and  to 
the  bar  of  public  opinion.  But  in  this  case,  my  exception  to  the 
charge  turned  upon  the  utter  absence  of  any  imputation  of  either 
legal  or  moral  guilt ;  and  upon  the  vague  and  unintelligible  phrase- 
ology of  its  terms  ;  or,  in  so  far  as  any  intelligible  point  of  accusa- 
tion could  be  deduced  from  it,  that  it  hinged  upon  minute  and 


480 

frivolous  fault-findings,  altogether  beneath  the  dignity  of  judicial 
animadversion.  And  noiv  that  this  long  rod  of  investigation  has  had 
its  full  swing ;  unlimited  by  time,  place,  or  circumstance  ;  every 
anticipation  of  the  frivolousness  and  want  of  gravity,  in  the  essen- 
tial matter  of  the  charge,  is  more  than  verified  in  the  event. 

Before  I  proceed  to  discuss  the  several  specifications  in  their  or- 
der, I  must  beg  permission  to  advert  to  some  of  the  points  discuss- 
ed in  the  argument  of  the  exceptions  taken  by  my  counsel  to  the 
2d  charge  and  its  specifications,  and  which  are  left  in  a  state  not  a 
little  perplexing  to  me. 

It  has  been  insisted  that  these  exceptions  could  not  be  received, 
as  in  the  nature  of  a  motion  to  quash  an  indictment  or  information, 
but  as  a  demurrer  to  an  indictment,  which,  if  overruled  in  law,  con- 
clusively admits  the  fact. 

Now  how  the  analogy  between  these  exceptions,  and  a  demurrer 
at  common  law  is  to  be  brought  about,  is,  as  i  apprehend,  wholly  in- 
comprehensible. No  authority,  upon  the  law  and  practice  of  Courts 
Martial,  has  the  most  remote  allusion  to  any  such  form  of  pleading, 
as  a  demurrer  The  only  pleas  ever  used,  are  said  to  be  one  of 
three  ;  namely,  the  general  issue  of  not  guilty  ;  or  a  former  ac- 
quittal ;  or  a  former  conviction  of  the  same  offence.  A  technical 
demurrer,  to  be  followed,  if  overruled  in  law,  by  the  consequence 
of  an  exclusive  admission  of  the  fict,  is  peculiar  to  the  practice  of 
the  Courts  of  common  law  ;  and  it  is  believed  has  no  precedent  or 
analogy  in  the  practice  of  any  other  Cour{=,  or  in  the  rules  of  any 
other  system  of  jurisprudence.  In  the  Courts  of  the  civil  or  Ro- 
man law,  a  form  of  proceeding,  giving  to  the  party  every  advantage 
of  a  demurrer,  was  used  uiiJer  the  name  of  exceptions,  which  were 
either  peremptory  or  declinatory,  according  as  they  went  to  the  sub- 
stance or  the  form  of  the  action.  But  if-such  exceptions  were 
overruled,  they  were  never  held  as  admissions  of  the  fact ;  but  the 
party  excepting  was  still  permitted  to  go  on  to  the  contestation  of 
suit,  which  was  equivalent  to  the  general  issue  in  Courts  of  common 
law,  and  then  the  whole  merits  were  discussed.  So  the  Courts  of 
equity,  which  both  in  their  forms  of  procedure,  and  principles  of 
jurisprudence,  had  been  modelled  more  after  the  civil  than  the 
common  law,  adopted  the  form  and  the  name  of  the  demurrer,  dis- 
charged of  its  common  law  consequence  of  standing  as  a  conclusive 
admission  of  the  fact,  when  overruled  in  point  of  law  ;  so  that  un- 
der the  name  of  a  demurrer,  the  exceptions,  peremptory  or  decli- 
natory, in  the  Courts  of  civil  law,  are  essentially  preserved,  and  the 
demurrant  is  left  at  large,  in  his  answer,  upon  all  matters  of 
fact.  Now  in  Courts  Martial,  where  demurrers,  as  a  form  of  plead- 
ing, are  wholly  unknown,  it  must  be  extremely  difficult  to  find  »ny 
analogy,  which  shall  answer  their  legal  consequences  to  exceptions. 
So  in  the  published  state  trials  before  the  court  of  session  in  Scot- 
land, where  the  civil  law  prevails,  we  find  the  advocates  for  the 
pannel,  or  accused,  pleading  to  the  libel,  before  they  join  issue  oa 
the  fact  ;  and  when  their  plea  to  the  libel,  (analogous  to  the  ex^ 


4S1 

ceptions  of  the  civilians,  and  to  the  demurrer  of  the  common  law* 
yers,)  is  overruled,  they  still  go  on  to  plead  to  the  fact.  That  the 
accused  in  all  Courts,  and  under  all  systems,  should  have  the  means 
and  opportunity,  in  some  form,  to  question  the  legal  sufficiency  oi 
the  change  itself,  is  indispensable  to  the  due  administration  of  jus- 
tice ;  and  that  in  Courts  Martial,  which  one  supposed  by  Mr.  Tyt- 
ler,  to  be  more  analagous  in  their  constitution  and  forms  of  proce- 
dure, to  the  Courts  of  the  civil  than  of  the  common  law,  such  excep- 
tions should  be  admitted  upon  the  terms  usually  practised  in  the 
great  majority  of  judicial  tribunals,  rather  than  adopt  any  narrow, 
technical,  and  peculiar  practice  of  one  set  of  Courts,  is  but  reason- 
able. Indeed  the  question  of  practice  should  be  decided,  by  the 
fact  that  a  demurrer  never  has  been  admitted  among  the  pleas,  avail- 
able in  a  Court  Martial.  The  truth  is,  that  in  criminal  cases,  the 
demurrer  is  entirely  disused  in  the  Courts  of  common  law,  because 
every  advantage  of  a  demurrer  is  then  obtained,  either  by  a  motion 
to  quash  the  indictment,  or  to  arrest  the  judgment,  without  any  dan- 
ger of  being  concluded  to  the  fact,  if  found  to  be  mistaken  in  the 
law.  The  exceptions  to  the  legal  sufficiency  of  a  charge  in  a  Court 
Martial,  is  more  analogous  to  a  motion  to  quash,  than  to  a  demurrer  ; 
and  in  this  case,  it  is  made  expressly  and  specifically  as  a  motion  to 
quash.  It  mjist  be  a  very  curious  process  of  analogical  ratiocina- 
tion, by  which  this  motion  is  to  be  converted  into  a  technical  de- 
murrer. 'Tis  said  that  a  motion  to  quash  is  not  entertained,  where 
the  jurisdiction  is  for  certain  grave  offences,  but  only  when  some  of 
the  lighter  class  of  offences  are  charged.  The  reason  given  is,  not 
that  the  Court  has  not  the  same  power  and  jurisdiction  to  quash,  in 
the  one  case  as  in  the  other,  but  because  they  will  not  decide  grave 
and  weighty  questions  in  that  summary  way,  but  will  turn  the  party 
over  to  his  motion  in  arrest  of  judgment,  when  the  question  can  be 
more  fully  argued  and  considered.  This  is  a  mere  notice  of  prac- 
tice, founded  on  the  discretion  of  the  Court  ;  but  before  it  can  op- 
erate to  convert  our  exceptions  into  a  technical  demurrer,  several 
postulates  are  demanded. 

1.  That  Courts  Martial  have,  in  the  exercise  of  a  like  discretion, 
distinguished  military  offences,  that  are  too  grave  for  a  motion  to 
quash,  and  which  must  be  reserved  for  a  motion  in  arrest  of  judg- 
ment, for  such  as  are  light  enough  in  their  character  to  be  more 
summarily  disposed  of.  2.  That  the  2d  charge  and  its  specifica- 
tions do  indicate  an  offence  of  the  graver  kind.  3.  That  if  a  motion 
to  quash  an  indictment  be  overruled,  because  the  offence  is  of  too 
grave  a  character  to  be  so  summarily  disposed  of,  the  Court  will,  of 
its  own  authority,  convert  the  motion  to  quash  into  a  technical  in- 
dictment, and  hold  the  party  to  all  ks  consequences.  4.  That  any 
process,  analogous  to  a  motion  in  arrest  of  judgment,  can  prevail  in 
a  Court  Martial.  This  is  plainly  incompatible  with  the  constitution 
and  practice  of  a  Court  Martial,  the  members  of  which  unite  in 
their  own  persons  the  character  both  of  judge  and  juror.  The 
motion  here  spoken  of  can  only  prevail  in  a  Court  where  these 
61 


482 


functions  are  separate  ;  where  the  jury  first  convicts  of  the 

and  a  motion  of  arrest  is  interposed  between  the  conviction  of  the 

Jury,  arid  the  judgment  of  the  Court. 

Then  it  plainly  appears,  that  a  demurrer  is  a  plea  wholly  un- 
known to  the  practice  of  Courts  Martial  ;  and  that  a  motion  in  ar- 
rest of  judgment  would  be  absurd  and  impossible.  The  right  to  ex- 
cept, in  some  form,  to  the  legal  sufficiency  of  the  charge,  is  admitted. 
From  all  which,  it  must  necessarily  follow,  that  preliminary  excep- 
tions. in  the  form  pursued  by  us,  or  reserved,  under  protest,  to  be 
considered  at  some  subsequent  stage  of  the  trial,  is  the  only  practi- 
cable qr  rational  cause. 

I  have  been  the  more  particular  upon  this  technical  point,  be- 
cause I  am  at  a  loss  to  conjecture  how  far  the  consequences  of  (he 
doctrine,  contended  for  by  the  Judge  Advocate,  may  be  pushed  to 
my  prejudice  ;  and  the  talents  and  learning  manifest  in  his  argu- 
ment, make  it  unsafe  to  trust  too  confidently  to  the  apparent  cou- 
clusiveness  of  his  reasoning,  without  taking  some  pains  to  demon- 
strate its  fallacy.  Had  it  been  true,  that  I  could  not  except  to  the 
law,  without  admitting  the  fact,  it  might  also  have  been  concluded, 
that  I  could  not  plead  to  the  fact,  and  proceed  to  the  trial  of  issue. 
without  admitting  the  /atc\  In  that  case,  I  might  have  laid  myself 
open  to  conviction,  upon  more  proof  of  the  naked  fact,  that  1  had 
written  certain  letters,  or  published  certain  proceedings,  though 
the  acts  should  appear  to  be  ever  so  innocent,  and  without  any  con- 
sideration, whatever,  of  the  legal  effect  of  such  acts.  The  Judge 
Advocate  seems  to  admit  that,  at  some  stage  or  other  of  the  trial,  I 
may  have  the  advantage  of  legal  exceptions  to  the  charge  ;  but,  a? 
lie  denies  that  I  can  have  such  advantage  in  the  form  of  prelimi- 
nary exceptions  to  the  charge,  but  at  the  peril  of  being  held  to  a 
conclusive  admission  of  the  fact  ;  and  as  I  know  not  how  the  matter 
of  the  exception*  may  be  any  more  regularly  taken  up,  or  safely 
or  effectually  urged,  when  mixed  up  with  matters  of  fact,  than 
when  separately  considered,  I  have,  in  this  perplexity,  thought  it 
most  safe  and  expedient  to  maintain  the  original  ground  of  ex- 
ception. 

The  more  important  questions  of  law,  discussed  in  the  argument 
of  the  pieliminary  exceptions  to  the  second  charge  and  its  specifi- 
cations, regarded,  1st,  the  jurisdiction  of  this  Court  ;  as  to  descrip- 
tion, quality  and  degree  of  the  offence?,  cognizable  by  it  :  and  2dly, 
the  form  of  the  accusation,  as  to  the  certainty  and  precision  with 
which  it  should  bring  the  offence  within  the  terms  of  the  law,  by 
which  it  was  punished  ;  and  the  amplitude  and  minuteness  with 
which  the  facts  and  circumstances  should  be  specified. 

1st.  The  proposition  that  no  offence  was  cognizable  by  this 
Court,  but  such  as  was  to  be  found  in  the  class  of  offences  enume- 
rated and  described  in  the  naval  articles  of  war,  had  been  shown  to 
be  so  demonstrated  in  principle,  and  so  clearly  illustrated  by  reason 
and  authority,  that,  until  otherwise  instructed  by  an  opposing  argu- 
ment, 1  had  concluded  it  to  be  placed  beyond  the  reach  of  contro- 


483 

tersy.  For  the  proposition  itself,  and  the  principles  on  which  it 
rests,  I  must  refer,  with  undiminished  confidence  in  its  irrefraga- 
ble strength  and  conclusiveness,  to  the  illustrations  that  it  has  alrea- 
dy received  from  the  preceding  discussion  of  it ;  and  now  confine 
myself  to  some  cursory  notice  of  the  more  prominent  objections 
that  have  been  suggested  ID  the  opposing  argument  of  the  Judge 
Advocate. 

'Tis  said,  upon  the  authority  of  a  writer,  frequently  quoted  in 
the  course  of  the  discussion,  that  though  no  crime,  which  is  men- 
tioned and  defined  in  the  articles  of  war,  is  punishable  in  any  other 
manner  than  in  that  specially  directed  by  those  articles  ;  yet,  it 
does  not  follow,  that  there  are  no  crimes  punishable  by  a  Court 
Martial,  but  such  as  are  enumerated  and  declared  to  be  punishable 
by  the  articles  of  war;  and,  that  there  are  offences,  which  admit 
of  no  precise  definition,  and  yet,  ip  the  military  profession,  are  of 
the  most  serious  consequence,  as  weakening  and  subverting  that 
principle  of  honour  on  which  the  proper  discipline  of  the  army 
must  materially  depend  ;  that,  of  these,  a  Court  Martial,  which  is, 
in  the  highest  sense,  a  Court  of  Honour,  are  themselves  appointed 
the  sole  judges,  or  rather  the  legislators  ;  for  it  is  in  their  breasts 
to  define  the  crime,  as  well  as  to  award  the  punishment.  (s)  Such 
phrases  are  indeed  to  be  found  in  the  passages  cited  from  the  essay 
of  Mr.  Tytler  ;  but  they  are  wholly  misapplied,  when  detached 
from  the  context,  and  propounded  as  generalized  rules  of  law.  As 
such,  it  was  with  the  utmost  surprise  we  heard  them  ascribed  to  the 
authority  of  Mr.  Tytler's  Essay  ;  so  utterly  inconsistent  as  they  are 
with  the  rules  so  distinctly  and  repeatedly  propounded  by  himself, 
and  by  three  other  authors  of  equal  authority — two  British,  and  one 
American.  That  "  the  crimes,  cognizable  by  a  Court  Martial,  are 
pointed  out  by  the  Mutiny  Act,  which  every  man  is,  or  ought  to  be, 
acquainted  with  ;"  that  "  Martial  Law  is  laid  down  in  so  plain  and 
simple  a  manner,  that  every  military  man  is,  or  ought  to  be,  ac- 
quainted with  what  are  thereby  deemed  crimes  ;"  that,  "in  the  ac- 
cusation or  charge,  the  offence  must  be  set  out  with  certainty  and 
precision,  so  as  to  bring  it  clearly  and  unequivocally  within  the 
term-;  of  the  law  or  articles  of  war,  by  which  it  is  made  punishable  ;" 
are  the  terms  of  the  rule,  as  cited  from  Mr.  Tytler,  and  the  three 
other  authorities,  who  ha.ve  all  enumerated  it  with  undeviating  una- 
nimity, (i)  These  wholesome  and  necessary  rules  are  particularly 
illustrated  and  enforced,  both  by  Mr.  Tytler  himself,  and  by  General 
Maconab,  who  respectively  assign  the  reasons,  why  it  is  not  neces- 
•ary,  in  the  body  of  the  charge,  to  refer  to  the  particular  article  of 
war,  supposed  to  be  violated  ;  which  is,  that  "  the  specification 
of  the  Criminal  Act  iteelf,  is  sufficient  intimation  to  the  prisoner,  of 
the  law  by  which  it  is  punished  ;  and  the  prisoner  may  always  dis* 

(*)  Tyt.  MiPy  Law,  107,  8  109. 

<<)  Adye,  p.  62.  225,  and  127,  8,  1  McArtb.  p.  23 ;  §  5—2  id  p.  6,  12,  Tyt].  p 
•206-18.     Macorab.  p.  61-8. 


484 

pute  the  relevancy  of  the  charge,  and  call  upon  the  prosecutor  10 
show  in  what  respect  it  falls  under  the  prohibition  of the  law."  Well 
might  it  have  been  presumed,  therefore,  that  the  text  of  Mr.  Tytler 
bad  been  wrested  from  its  proper  connection  and  subject,  by  which 
the  limitations  and  the  application  of  the  passages  quoted,  would 
have  been  determined  ;  when  he  is  represented  as  ascribing  this 
unlimited  jurisdiction  to  Courts  Martial,  of  defining,  at  pleasure, 
what  acts  shall  be  added  to  the  enumerated  list  of  offences,  punish- 
able under  the  articles  of  war,  and  of  legislating  on  the  important 
subject  of  crimes  and  punishments.  Accordingly,  upon  reference 
to  the  context,  we  find  the  whole  clearly  and  rationally  explained. 
In  the  first  passage,  which  admits  the  existence  of  military  "  crimes 
punishable  by  a  Court  Martial,  and  not  enumerated  and  declared  to 
be  punishable  by  the  articles  of  war,"  reference  is  expressly  had 
to  the  peculiar  power  granted  to  the  Crown,  by  the  Mutiny  Act, 
to  make  and  issue  regulations  for  the  army,  independent  of  the  es- 
tablished articles  of  War,  and  having  all  the  binding  force  and  effect 
of  military  law  ;  with  certain  limitations,  as  to  the  extent  ofthp 
punishment,  that  may  be  inflicted  under  such  regulations.  The 
same  matter  is  more  fully  and  clearly  explained  by  Mr.  McArthur, 
who,  in  his  treatise,  takes  a  comparative  view  of  Military  Law,  as 
applied  to  both  the  Military  and  Naval  Establishments  of  Britain. 
He  shows  that,  while  the  Naval  articles  of  War  have  been  esta- 
blished by  successive  acts  of  Parliament,  from  the  reign  of  Charles 
the  2d,  to  that  of  George  the  3d,  and  have  been  digested  with  unu- 
sual care  nnd  system,  while  they  are  irrepealable  and  unalterable, 
but  by  the  authority  of  Parliament;  and  enumerate  and  define  all 
offences  cognizable  under  them,  with  the  appropriate  punishments 
annexed  to  them  :  there  is  this  curious  anomaly  in  respect  to  the 
army,  which  is  governed  by  articles  of  war,  not  instituted  by  any 
Act  of  Parliament,  but  at  the  discretion  of  the  Crown,  and  repeala- 
ble  or  alterable  at  the  pleasure  of  the  Crown  ;  besides,  the  general 
power  of  the  Crown,  to  superadd  the  penal  regulations,  past  men- 
tioned. In  this  respect,  the  author  very  justly  expatiates  upon  the 
advantage  which  the  seamen  in  the  British  service,  have  over  their 
brethren  in  the  land  service.  (M) 

The  second  passage  cited  from  Mr.  Tytler's  essay  (p.  1 09}  to 
prove  the  legislative  power  of  Courts  Martial,  as  Courts  of  Honour, 
to  define  the  crime  and  award  the  punishment,  is  equally  misappli- 
ed to  the  present  argument  ;  and  such  misapplication  is  clear  from 
the  context,  tho'  even,  as  it  stands  so  connected,  its  accuracy  and 
precision  cannot  be  entirely  defended.  He  refers  these  terms  ex- 
pressly to  some  peculiar  and  special  provisions,  found  both  in  the 
military  and  Naval  codes  of  Britain,  but  not  in  our  own  Naval  code. 
The  author,  by  no  means,  intends  it  as  the  enunciation  of  a  general 

Tytl.  216-17.     Macomb,  67-8. 

(u)  Vid.  McArth,  vol.  1,  chap.  2,  S.  3,  4,  5,  6,  p.  20,  22,  23,  &  25,  &  cb. 
4,  S.  1,  p.  40,  1—2. 


485 

rule  or  maxim  of  military  law  ;  but  as  the  result  of  special  enact- 
ments, which,  it  may  be  remarked,  fall  somewhat  short  of  the  sweep- 
ing effect  which  he  ascribes  to  them.     The  particular  provisions 
to  which  he  refers,  are,  1st,  the  article  of  war,  which  punishes 
commissioned  officers,  convicted  of  behaving  in  a  scandalous,  infa- 
mous manner,  such  as  is  unbecoming  the  character  of  an  officer  and 
a  gentleman.     2ndly,  the  23d  section  of  the  mutiny  act,  making  it 
"  lawful  for  Courts  Martial  to  inflict  corporal  punishment,  not  ex- 
tending to   life  or  limb,  or  any  soldier,  for  immoralities,  misbeha- 
viour or  neglect  of  duty."     The  same  provisions  are  commented  on, 
by  Mc'Arthur,  who  with  more  accuracy  and  precision,  both  of  con- 
ception and  language  explains  them,  as  giving  to  Courts  Martial  a 
wide  discretion,  not  to  define  by  a  legislative  act,  new  offences,  but 
to  discriminate  shades  of  guilt  and,  as  it  relates  to  the  article  by 
which  scandalous  and  infamous  behaviour  in  a  commissioned  officer 
is  punished,  it  is  further  explained  that  the  Court  should  discrimin- 
ate between  such  actions  as  come  up  to  that  standard  of  moral  tur- 
pitude, and  such,  as,  however  improper  and  blameable,  fall  below 
it  :  being  cognizable  by  a  Court  Martial,  in  the  one  case  and  not  in 
the  other,  (i)   so  in  the  exceptions  taken   by  my  counsel,  to  this 
charge  and  its  specifications,  and  in  the  reasons  advanced  in  support 
of  them,  a  very  considerable  discretion,  resulting  from  the  vague- 
ness and  generality  of  the  terms,  in  which  certain  military  offences 
were  described  by  the  articles  of  war,  and  frr.m  the  power  to  inflict 
optional  punishments,  was  conceded  to  Courts  Martial.     But  it  was 
explained  to  be  a  sound  discretion,  instructed  by  the  law,  and  operat- 
ing through  the    law  ;  and  essentially  different  from  a  legislative 
power  to  punish  offences,  not  classed  and  specified  by  the  articles 
of  war.    For  instance,  if  an  officer  be  charged  with  contempt  or  dis- 
respect, or  with  contemptuous  or  disrespectful  words,  or  with  scan- 
dalous, infamous  behaviour  ;  or  with  conduct  unbecoming  an  officer 
&c.  the  Court  must  exercise  a  sound  discretion  in  discriminating  the 
moral  and  legal  character  of  the  particular  acts,  charged  and  proved 
as  coming  under  any  of  these  denominations.     It  is,  nevertheless, 
absolutely  bound  by  the  legal  definition  of  the  offence,  however  gen- 
eral ;  and,  before  conviction,  or  punishment  could  follow,  it  must 
judicially  determine  the  acts  or  words,  to  be  contemptuous,  or  dis- 
respectful, or  scandalous  and  infamous,  or  unbecoming  an  officer  &c. 
aud,  that  upon  no  inferior  species  of  immorality,  could  it  judicially 
animadvert.    So  that,  in  effect,  the  Court  was  exercising  the  ordinary 
function  of  expounding  the  true  intent  and  operation  of  a  statute, 
from  general  or  doubtful  terms  ;  a  function  only  rendered  so  much 
the  more  difficult  and  perplexing,   as  the  terms  were  vague  or 
doubtful;  and,  though  the    acts  that  constitute  the  offence,  were 
not  defined  by  the  law,  yet  the  offence,  as  a  species,  was  defined, 
and  the  Court  was  bound  by  that  definition.     It  was  also  admitted, 
that,  m  so  far  as  the  general  heads  of  offence,  laid  down  in  the  ar- 

(*)  Vide  Mc'Arth.  v.  1.  ch.  4.  s.  1.  p.  42.  &  v.  2.  ch.  3.  s.  9.  p.  297. 


486 

tides  of  war,  embraced  aggravated,  tho'  undefined  misconduct,  or 
immoralities,  the  Court,  in  the  exercise  of  that  sound  discretion,  by 
which  the  moral  character  of  actions  was  to  be  determined,  might 
be  viewed,  as,  in  some  sort,  a'Court  of  Honour  ;  because  the  actions 
to  be  animadverted  on,  were  to  be  judged  by  rules  of  honour,  and 
not  by  strict  legal  definitions  ;  but  in  so  judging  them,  the  Court 
was  bound  by  the  law,  to  take  cognizance  only  of  such  improprie- 
ties as  amounted  to  the  degree  of  moral  turpitude  required  bv  the 
law.     The  Court,  'tis  certain,  had  the  power  to  adjudge  any  thing 
scandalous  and  infamous  ;  but,  then,   its  solemn  judgment  must  be, 
and  that  upon  the  responsibility  of  its  judicial  character  and  oath, 
that  the  act  was  scandalous,  infamous,  &c.     If  any  inferior  degree 
or  higher  shade  of  misconduct  or  immorality,  should  be  so  determin  - 
ed,  it  must  rest  upon  the  conscience  of  the  Court,  as  a  misjudgment, 
and  an  abuse  of  the  law.     In  short,  the  law  had,  in  general  terms, 
defined  the  species,  the   quality  and  degree  of  the  offence,  and  it 
was  the  duty  of  the  Court,  before  it  condemned  or  punished,  to  see 
that  the  facts   came  up  to  the  legal  definition  ;  ample  as  was  the 
field  of  judgment  and  discretion,  in  respect  of  the  infinite  variety 
6f  actions,  and  the  nice  and  diversified  shades  of  their  moral  char- 
acter,  which  might  be  embraced  in  the  general  terms  of  the  defini- 
tion.    It  has  been  remarked,  that  the  only  part  of  our  naval  code, 
from  which  this  function  of  a  Court  of  Honour  can  be,  in  any  sense, 
inferred,    is  the    third  naval    article   of  war,  which,    after    enu- 
merating among  the  heads  of  offence,  punishable  by  it,  oppression, 
cruelty,  fraud,  &c.  ends  with  the  sweeping  clause   of ''any  other 
scandalous  conduct,  tending  to  the  destruction  of  good  morals.  "  (7.) 
The  more  vague  and  general  description  of  "  immoralities,  misbe- 
haviour, or  neglect  of  duly, "  punishable  in   a  soldier,  under  the 
mutiny  act  of  Britain  ;  or  of  "conduct  unbecoming  an  officer  and  a 
gentleman,  "  punishable  under  the  military  articles  of  war,  in  this 
country,  are  wholly  omitted   in  our  naval  code  ;  nor  is  there  to  be 
found  in  it,  any  such  article,  as  "scandalous,  infamous  behaviour, 
unbecoming  the  character  of  an  officer  and  gentleman,  "  which  is 
common  both  to  the  military  and  naval  codes  of  Britain  ;  but  this 
third  article  of  our  naval  code  is   nearly  modelled  after  the  second 
article  in  that   of  Britain.  (8)     Upon  the  principles,  already  laid 
down,  it  was  conceived  to  be  clear,  that  this  Court,  as  a  Court  of 
honour,  judging  the  moral  character  of  actions  under  this  article, 
could  take   no  cognizance   of  any  that  fell  short  of  the  aggravated 
degr.cn  of  misconduct,  supposed  by  the  article  ;  namely,  "  scanda- 
loua  conduct,  tending  to  the  destruction  of  good  morals ;  "  and,  at 
least  of  as  grave  import,  as  the  preceding  enumeration  of  "  oppres- 
sion, cruelty,  fraud,"  &c.     But  it  has  been  asked  by  my  Counsel, 
and   I  ask  again,  what  is  there  in  the  charge,  or  in  any  one  of  the 
specifications,  that  imputes,  either  directly,  or  by  inferenc€,  any 

(7.)  Laws  U.  States,  vol.  3,  p.  357. 

(8.)  Vide  MeArUmr,  vol.  1,  app.  No.  I,  p.  323, 


487 

4ct  within  the  jurisdiction  of  a  Court  of  Honour,  or  which  may  not, 
and  ought  not  to  be  the  subject  of  special  enactment,  if  it  be 
thought  that  sound  policy  and  the  good  of  the  service,  required 
that  they  should  be  brought  under  the  judicial  cognizance  of  a 
Court  Martial  ?  This  question  was  put  in  reference  to  the  terms  of 
the  accusation ;  I  now  put  it  in  reference  to  the  proofs  ;  and  chal- 
lenge the  severest  test  for  every  word  and  deed  which  the  minute 
industry  of  the  prosecution,  stimulated  by  provocations,  real  of 
supposed,  has  been  able  to  call  up  against  me.  Whatever  errors, 
or  inadvertencies,  or  indiscretions,  it  may  please  them  to  impute  to 
me,  let  any  one  word  or  deed  be  pointed  out,  as  approaching  in  the 
remotest  degree  to  the  character  of  scandalous  conduct ;  or,  as  in 
any  other  sense,  soliciting  the  animadversion  of  a  Court  of  Honour. 
I  understand,  this  legislative  power,  over  the  subject  of  military 
crimes  and  punishments,  to  be  claimed  for  the  Court,  not  only  in 
its  imputed  capacity  of  a  Court  ot  Honour,  but  in  right  of  a  general 
jurisdiction  extending  to  every  sort  of  transgression,  which,  ac- 
cording to  sound  and  discreet  views  of  policy  and  expediency, 
ought  to  be  repressed  as  tending,  immediately  or  remotely,  to  the 
relaxation  of  discipline,  and  which  the  good  of  the  service  requires 
to  be  punished  as  military  offences.  I  shall  not  stop  to  dilate  upon 
the  nature  or  consequences  of  a  doctrine  so  abhorrent  to  the  first 
principles  of  civil  and  military  polity  :  these  topics  have  been  am- 
ply treated,  by  my  Counsel,  in  reference  to  military,  as  distinguished 
from  civil  life.  I  shall,  therefore,  confine  myself  to  a  brief  notice 
ef  the  single  authority,  upon  which  this  most  extraordinary  doc- 
trine, has  been  advanced  ;  namely,  the  32nd  of  our  naval  articles 
«f  war,  declaring  that  "  all  crimes  committed  by  persons  belonging 
to  the  Navy,  which  are  not  specified  in  the  foregoing  articles,  shall 
be  punished  according  to  the  laws  and  customs  in  such  cases,  at  sea." 
This  article  is  copied  with  slight  variations  of  phrase,  from  the 
36th  of  the  British  Naval  articles  ;  which,  in  the  concluding  mem- 
ber of  the  sentence,  speaks  of  the  laws  and  customs  used  at  sea.  (1) 
I  wonder  it  had  not  struck  the  acute  and  discriminating  mind  of  the 
Judge  Advocate,  how  unlikely  it  was,  that  this  article  could  have 
any  relation  to  the  powers  or  jurisdictions  of  Courts  Martial,  since 
all  the  authors  who  have,  with  more  or  less  of  labour  and  minute- 
ness, treated  of  the  law  and  practice  of  such  Courts,  or  of  military 
law  in  general,  have  preserved  an  absolute  silence  on  the  effect  of 
this  article.  From  that  circumstance,  connected  with  the  very 
unusual  and  almost  singular  omission  in  the  body  of  the  article,  of 
any  reference  to  a  Court  Martial,  the  inference  should  have  been 
quite  obvious,  that  it  alluded  to  a  class  of  offences,  and  to  set  of 
"laws  and  customs,"  not  within  the  ordinary  cognizance  of  a 
Court  Martial  :  and  in  fact,  it  has  always  been  understood,  as  refer- 
ing  to  certain  recognized  laws  and  customs,  necessary  for  the  minu- 
ter departments  of  police  and  discipline  at  sea,  and  having  no  neces- 


H)  Vid.  M'Athur,  Vol.  1,  app.  No.  i,  p. 


336. 


488 

sary  connection  with  the  enumerated  and  defined  subjects  that  com6 
under  the  regular  cognizance  of  Courts  Martial.  The  history  and 
practice  of  Courts  Martial,  both  in  Britain  and  in  this  country,  may, 
it  is  believed,  be  examined  in  vain,  for  a  single  instance  of  any 
charge  being  exhibited  or  tried.under  that  article.  But,  if  it  were 
otherwise,  what  argument  does  the  article  furnish  in  support  of  the 
proposition,  which  it  is  cited  to  prove  ;  namely,  that  the  Court  may 
assume  the  function,  both  of  legislators  and  Judges  ?  The  article 
gives  the  Court  no  power  to  define  or  to  decide,  what  acts  shall  be 
held  to  be  criminal  under  it ;  but,  on  the  contrary,  refers  to  known 
and  established  rules,  by  which  the  same  are  already  supposed, 
to  be  defined  and  determined  ;  namely,  "  the  laws  and  customs  used 
at  sea,"  These  may  be  unwritten  laws,  a  sort  of  common  larv  of 
the  Navy,  contradistinguished  from  its  statute  law,  as  comprised  in 
the  Naval  articles  of  War  ;  but  they  are,  nevertheless,  supposed  to 
be  fixed,  known  and  obligatory  ;  and  this  Court,  if  it  have  any  ju- 
risdiction of  them,  can  act  upon  no  case,  that  is  not  shown  to  have 
been  already  constituted  an  offence  by  these  laws  and  customs  ;  they 
must  be  proved  and  ascertained  ;  or  known  to  the  breasts  of  the 
Court,  as  establishing  the  criminal  character  of  the  act  charged, 
and  the  nature  and  degree  of  the  punishment  incurred  by  it. 
Besides,  what  can  the  laws  and  customs  used  at  sea,  possibly  have  to 
do  with  any  matter,  either  set  forth,  or  proved  under  the  2d  charge, 
and  its  specifications  ;  which  relate  exclusively  to  transactions  on 
shore,  in  the  he;irt  of  the  country,  and  not  in  the  execution  or  rou- 
tine of  any  naval  duty  or  service  whatever  ?  If  these  laws  and  cus- 
toms be  known  to  the  Judge  Advocate,  or  to  the  Court,  let  them  be 
expounded  and  applied  to  the  terms  of  the  charge  and  specifications, 
or  to  the  facts  proved  :  if  unknown,  let  old  and  experienced  com- 
manders, versed  in  the  traditionary  lore  of  marine  law  be  examined, 
to  identify  and  explain  them.  They  must  be  known  before  any  act 
can  be  punished  as  an  offence  against  them.  In  the  absence  of  such 
knowledge,  they  cannot  be  supplied  by  any  discretion,  judicial  or  le- 
gislative, in  this  Court.  The  Judge  Advocate  has  referred  to  the 
common  law,  as  defining  and  punishing  murder  and  other  crimes, 
without  the  help  of  statute  law  ;  and  certainly,  it  never  entered  into 
the  conception,  either  of  my  counsel  or  myself,  that  any  objection 
or  argument  which  had  been  urged  on  my  part,  vested  on  any  dis- 
tinction of  the  form  of  the  law  by  which  the  offence  was  supposed  to 
have  been  created  and  punished  ;  nor  is  it  quite  obvious,  what  ar- 
gument the  punishment  of  offences,  at  common  law  may  furnish,  for 
the  assumption  of  a  legislative  discretion,  by  a  Court  Martial,  to 
punish  any  thing  as  a  crime,  which  may  appear  to  be  mischievous 
or  dangerous  to  the  service,  from  any  analogy  to  the  jurisdiction  of 
the  common  law  courts.  The  analogy  is  wholly  against  the  argu- 
ment ;  for  the  common  law  is  just  as  positive,  limited  and  fixed  a 
rule  of  action,  as  the  statute  law  ;  and  the  very  fact  of  the  co-exis- 
trnce  of  the  two,  proves  that  the  courts  arrogate  no  extension  of  ju- 
rUdiction  bordering  on  legislative  discretion,  from  the  unwritten  or 


489 

prescriptive  authority  of  the  common  law  ;  but,  on  the  contrary  < 
when  the  public  good  requires  any  innovation  on  the  established 
and  defined  boundaries  ofthe  common  law,  or  any  extension  or  mo- 
dification of  its  terms,  a  recourse  to  the  legislature  to  supply  its  de- 
fects, by  statutory  enactment,  becomes  necessary.  Then  if  there 
be  a  Common  law  ofthe  Navy,  implied  by  these  laws  and  customs 
used  at  sea,  let  it  be  exemplified,  and  applied  to  my  case,  with  the 
same  certainty  and  precision,  as  the  common  law  to  murderer  other 
offences,  defined  and  punished  by  it. 

2d.  The  question  on  the  form  of  the  accusation,  was  supposed 
to  have  been  settled  by  a  concurrence  of  so  many  and  such  pointed 
authorities,  all  coinciding  with  the  plainest  dictates  of  justice,  and 
with  the  most  indispensable  safe-guards  of  individual  right  and  se- 
curity, as  to  leave  little  or  nothing  to  be  said  on  the  subject.  There 
seemed  to  be  little  occasion,  either  in  the  general  principles  pro- 
pounded, or  in  their  application  to  the  present  case,  for  any  stric- 
tures upon  the  mischievous  consequences  of  permitting  an  evasion 
of  justice,  by  means  of  nice  and  technical  objections  to  form,  or  of 
captious  verbal  criticism.  It  would  have  been  more  to  the  point 
to  have  shown  how  the  objections  urged  on  my  behalf,  were  too 
nice  or  technical,  or  required  more  than  was  necessary  or  usual  to 
the  wholesome  forms  of  judicial  procedure  ;  and  how  the  excep- 
tions to  the  precision,  or  legal,  or  grammatical  accuracy  of  the  terms 
in  which  the  offence  was  described,  and  the  facts  specified,  were  too 
nice  and  technical ;  or  how  they  descended  to  the  captiousness  of 
rerbal  criticism,  without  affecting  the  substantial  sense  and  meaning  of 
the  charge.  It  had  been  thought  to  be  as  obvious  to  the  philosophical, 
as  to  the  professional  and  practical  observer,  upon  the  principles  of 
a  regular  and  discreet  jurisprudence,  that  it  was  far  more  just  and 
safe  to  compel  ministers  of  the  law,  to  care  and  precision  in  the 
forms  of  procedure,  than  to  set  them  loose  from  every  wholesome 
restraint.  The  necessity  and  the  value  of  these  land-marks  to  hu- 
man rights  are  enforced,  no  less  by  the  rules  of  criminal  judicature 
in  military,  than  in  civil  tribunals  :  the  theory  in  both  is  precisely 
the  same,  and  the  practice  assimilated  by  the  closest  analogy.  One 
of  the  most  celebrated  and  useful  of  the  authors  who  have  treated 
of  the  law  and  practice  of  Courts  Martial,  has  not  failed  to  insist 
upon  the  comparative  mischiefs  arising  from  a  disregard  of,  or  a 
strict  adherence  to,  established  forms  ;  and  to  demonstrate  the  wide 
spread  and  incalculable  evils  resulting  from  the  one,  and  the  very 
partial  and  occasional  inconveniences  from  the  other.  (2.)  This  is 
followed  by  the  distinct  enumeration  and  clear  definition  of  all  those 
reasonable  and  proper  rules,  by  which  the  form  of  accusations  ex- 
hibited before  Court*  Martial  is  determined  ;  and  which  are  so  re- 
peatedly insisted  on,  and  strenuously  recommended  by  the  same 
author,  and  numerous  other  authorities,  cited  in  the  course  of  the 
former  discussion.  The  summary  of  these  rules,  as  given  upon 

(2)  2McAtth.  p.  11. 

62 


that  occasion,  and  amply  supported  by  reason  and  authority,  bears, 
"  the  offence  must  be  set  out  in  such  terms  as  bring  it  clearly  and 
unequivocally  within  the  law,  or  articles  of  war,  by  which  it  is  made 
punishable,  -30  that  there  shall  appear  a  certainty  of  an  offence  in 
the  charge  ;  and,  in  some  instances,  it  must  be  charged  in  the  very 
words  of  the  article,  or  statute  supposed  to  be  violated,  and  all  the 
circumstances  of  the  time,  place,  and  manner  of  the  acts  charged, 
must  be  minutely  described  in  the  specifications  ;  and  the  more 
vngue  and  general  the  article  of  war.  by  which  the  offence  is  de- 
scribed and  punished,  so  much  the  more  particular  and  minute  must 
be  the  specification.  An  indictment  or  criminal  information  in  the 
Courts  of  common  law,  or,  as  some  prefer,  a  libel  in  the  Courts  of  the. 
civil  law,  is  referred  to  as  the  lowest  admissible  standard  of  the  cer- 
tainty, precision,  and  particularity  required  in  an  accusation  before 
a  Court  Martial."  (3.)  By  all  this,  it  is  by  no  means  to  be  under- 
stood that  the  mere  solemnities  and  technical  forms  of  such  pleadings 
are  requisite  ;  but  those  substantial  parts  that  go  to  inform  the  par- 
ty accused  circumstantially  and  certainly,  of  whatit  is  that  he  is  called 
to  answer.  Upon  a  comparison  of  these  prescribed  requisites  of  a 
valid  accusation,  with  the  actual  charge  and  specifications  in  ques- 
tion, the  utter  failure  of  the  latter  under  the  test,  was  obvious  and 
palpable. 

But  there  were  not  wanting  expedients  to  evade  the  force  of  an 
objection  unanswerable  as  I  think  in  its  terms.  But  the  generality 
of  the  charge  (it  was  said  on  the  authority  of  Mr.  Tytler)  although 
it  may  not  be  absolutely  reprobated  by  the  military  law,  or  amount 
to  avoidance  or  annulling  of  the  indictment,  affording  in  every  case, 
a  competent  and  weighty  objection,  upon  the  part  of  the  prisoner, 
which  he  may  urge,  to  the  effect  of  having  the  charge  rendered 
special,  by  a  pointed  detail  from  the  prosecution  of  the.  particular 
J'acts  on  which  it  is  founded  :  and  this  requisition  by  the  prisoner, 
which  is  founded  in  material  practice,  no  Court  Martial  can  legally 
refuse  "(4)  the  hypothetical  and  qualified  terms  which  thus  indi- 
cate a  process  for  botching  the  defects  in  the  original  frame  of  the 
charge,  are  assumed  as  absolute  ;  and  as  ruling  that  such  defect"  is 
not  absolutely  reprobated  by  the  military  law  ;  and  does  not  amount 
to  a  voidance  or  annulling  of  the  indictment,  "  that  a  more  precise 
and  special  statement  of  the  matter  of  the  charge  is  merely  recom- 
mended as  of  favour ;  not  required  as  of  indispensable  obligation,  and 
it  is  concluded  that  the  proper  time  and  mode  for  me  to  have  taken 
advantage  of  the  objection,  was  before  I  had  pleaded,  and  then  to 
have  called  on  the  Judge  \dvocate  for  the  pointed  detail  of  particu- 
lar facts  on  which  the  charge  was  founded"  a  "  requisition  (it  seems) 
founded  in  material  justice,  and  which  no  Court  Martial  can  legally 
refuse."  Be  it  so  :  but  it  has  entirely  escaped  observation  that 

(3.)  The  authorities  formerly  cited,    Adye,   p.  127-8.     Tytler,  p.  206-18- 
2  McAithur,  p.  6-12.     Mac.  p.  61-8. 

(4)  Tytlor  ch.  5.  s.  1  p.  213—1*. 


4<J1 

this  remedy  applies  to  only  half  my  objection,  that  it  is  limited  in 
terms  to  the  generality  of  the  charge  and  specifications  ;  and  hV 
nothing  to  do  with  so  much  of  the  objection  as  turns  upon  the  inac- 
curate, confused,  and  absolutely  unintelligible  and  unmeaning;  terms 
and  phraseology  in  which  the  charge  itself  is  couched.  An^indict- 
ment  or  other  form  of  accusation  may  be  extremely  objectionable 
for  its  generality,  while  its  meaning  may  be  manifested  by  language 
quite  grammatical,  clear  aud  intelligible.  "  "Tis,  also  somewhat  per- 
plexing to  comprehend,  why  the  Court  Martial  cannot  legally  refuse 
the  requisition  for  this"  pointed  detail  of  particular  facts  ;  "  if  there 
be  legal  obligation  on  the  prosecutor  to  "  prevent  the  objection," 
and  the  consequent  necessity  for  such  a  requisition,  by  avoiding  the 
original  fault  that  is  to  produce  them. 

It  might  further  be  asked,  upon  what  authority  this  requisition  is 
restricted  to  the  time  of  arrangement  before  plea  ;  especially  a  plea 
admitted  under  a  protest,  reserving  the  identical  exception  ;  and  why 
the  evident  defects  of  the  charge  and  specifications,  have  not,  when 
so  repeatedly  complained  of,  been  amended ;  as  might  have  been 
done  with  a  tythe  of  the  pains  and  labour  bestowed  upon  the  justifi- 
cation of  them  ? 

But  this  mode  of  evading  the  force  of  the  objection,  by  proposing 
a  succedaneum,  was  anticipated,  and  effectually  obviated,  in  the  pre- 
liminary argument  by  which  the  objections  were  contained.  It  was 
shown  that  the  rule  did  not  rest  upon  the  general  law  and  practice 
of  Courts  Martial  only,  cogent  and  conclusive  as  were  the  authori- 
ties, by  which  such  law  and  practice  had  been  ascertained  ;  but  that 
it  had  been  incorporated  and  consolidated  with  the  mass  of  our  Na- 
val articles  of  war,  and  so,  had  acquired  all  the  force  and  authority 
of  positive  enactment.  For  this  the  38th  article  was  referred  to, 
which  expressly  requires  that  "  the  person  accused  be  furnished 
with  a  true  copy  of  the  charges,  with  the  specifications,  at  the  time 
he  is  put  under  arrest"  and  makes  them  afterwards  unalterable  but 
upon  certain  extraordinary  contingencies,  specially  stated  in  the 
body  of  the  article.  (5)  Now  as  the  full  import  and  meaning  of  the 
term  specifications,  had  been  determined  by  the  precedent  law  and 
practice  of  Courts  Martial,  it  must  be  held  to  have  been  adopted  by 
Congress  according  to  its  technical  import :  and  to  have  had  precise- 
ly the  same  effect,  as  if  Congress  had  descended  to  more  minute  le- 
gislation ;  and  had  in  terms,  required  all  the  "  pointed  detail  of  par- 
ticular facts"  which  it  seems,  a  Court  Martial  could  not  have  legal- 
ly refused  to  enforce,  when  properly  required.  Mr.  Tytler,  in  the 
very  passage  which  is  relied  upon  as  conceding  the  practice  of 
amending  the  charge,  after  the  Court  has  assembled,  for  the  trial  of 
it,  clearly  excepts  charges  under  a  particular  article  of  war,  in 
which  it  was  thought  just,  on  account  of  the  generality  of  its  terms 
expressly  to  require  specifications  :  and  he  very  hesitatingly  yields 
to  the  inference,  that  because  they  are  not  expressly  required  uc» 

(5)  Vid.  Laws  D.  S.  TO!.  3.  p.  35». 


492 

8cr  the  other  articles,  the  omission  is  not  Fatal  and  incurable  under 
any  other  ;  "  may  not  amount  to  a  voidance  or  annulling  of  the  in- 
dictment. "  Indeed  tf^e  practice  of  filtering  the  charge  after  the 
Court  has  assembled,  is  directly  contrary  to  the  general  rule  stated 
by  all  the  authorities  before  cited  ;  and  the  few  precedents  that 
have  formed  exceptions  to  it,  are  stated  as  very  questionable  ia 
principle. 

The  answer  offered  to  this  argument  is  curious.  'Tis  said  that 
this  statutory  rule,  requiring  specifications,  and  forbidding  a  subse- 
quent alteration  of  the  charge  was  introduced  for  the  benefit  and 
advantage  of  the  person  accused  ;  who  is  always  competent  to  re- 
nounce it ;  and  if  he  desires  more  minute  specifications,  he  must 
renounce  the  rule  and  permit  the  amendment.  So  a  rule  introdu- 
ced for  the  benefit  of  the  person  accused,  and  of  imperative  obliga- 
tion upon  the  prosecuter,  is  violated  to  the  disadvantage  and  injury 
of  the  person  accused  :  but  he  cannot  except  to  such  illegal  viola- 
tion of  the  rule,  unless  he  agrees  to  purge  his  adversary's  fault,  by 
renouncing  the  very  right  that  has  been  invaded.  If  this  be  not  a 
viitual  repeal  of  the  law,  why,  the  chasm  in  the  chain  of  cause  and 
effect  is  utterly  imperceptible  to  my  common  sense. 

The  rationale  of  this  rule,  and  its  highly  beneficial  character, 
were  illustrated  by  the  citaiion  of  another,  vouched  by  the  same 
authorities,  and  designed  for  the  same  beneficial  end,  namely  : 
that  which  required,  that  the  person  accused,  should  be  furnished 
wit!  a  list  of  the  witnesses  to  be  adduced  against  him,  together 
with  a  copy  of  the  charge,  in  order  to  enable  him  not  only  to  make 
the  best  preparation  to  meet  the  facts  to  be  adduced  against  him, 
but  also  to  invalidate  the  testimony  of  the  witnesses,  if  practicable. 
The  concurring  authority  of  the  four  authors  already  cited,  is  un- 
ceremoniously set  aside  by  some  posthumous  notes  of  the  late  Judge 
Advocate  Genl.  of  England,  introduced  into  the  preface  to  the  last 
edition  ot  Mr.  Tytler's  essay.  But  a  more  careful  examination  of 
those  notes,  will  s..o\v  that  the  rule  is  not  denied  as  one  of  general, 
but  of  universal  application,  and  that  nothing  more  than  its  relaxation 
in  certain  excepted  cases,  is  insisted  on. 

But  against  all  the  force  of  general  learning  and  authority,  confirm- 
ed by  statutory  enactment,  numerous  examples  of  the  actual  form  of 
charges  and  specifications,  tried  before  our  Courts  Martial,  have 
been  industriously  collected.  And  for  what  purpose?  Is  it  imagined 
that  any  positive  number  of  bad  precedents,  silently  creeping  into 
practice,  and  never  having  received  the  sanction  of  a  judicial  confir- 
mation, can  be  competent  to  overrule  a  rule,  a  law  so  positive  and 
so  authentically  vouched?  The  authors  who  have  laid  down  the 
rule  and  illustrated  its  utility  and  necessity,  all  advert  to  certain  par- 
tial violations  of  it,  which  are  not  cited  as  precedents,  but  as  exam- 
ples of  irregular  practice  to  be  avoided.  Tis  true  that  the  prece- 
dents collected  by  the  Judge  Advocate,  seem,  for  the  most  part,  to 
be  extremely  defective  in  minuteness  and  precision  of  specification  ; 
hut  by  how  many  degree?  do  they  excel  the  present  charge  in  legal 


493 

precision  and  propriety  of  phrase.  There  is  scarce  one  of  them, 
but  charges  in  direct  terms  some  heinous  offence  ;  scandalous  false- 
hood ;  forged  letters  ;  malicious,  false,  and  scandalous  libels,  Sac.  &c. 
But,  whatever  be  the  character  of  these  precedents,  they  cannot  be 
opposed  to  a  well  defined  and  positive  rule  of  law,  but  may  only 
serve  to  illustrate  the  necessity  of  enforcing  it. 

The  argument  of  inconvenience  is  railed  in  aid  ;  and  voluminous 
documents  with  which,  upon  our  plan  it  would  have  been  necessary 
to  stuff  the  specifications,  are  insisted  on,  as  if  so  necessary  and  be- 
neficial a  rule  of  law  were  to  give  way,  in  order  to  save  the  prose- 
cutor the  trouble  of  writing.  But  this  objection  is  merely  fanciful. 
It  was  only  necessary  to  have  specified  the  passages  in  the  letters 
and  other  papers  complained  of  as  disrespectful,  or  untrue,  with  the 
same  particularity  and  conciseness,  as  in  an  indictment  or  declara- 
tion for  a  libel. 

These  exceptions  were,  in  the  first  instance  urg«d  on  my  part, 
under  a  firm  conviction,  that  they  were  unanswerable  ;  having  em-, 
barked  in  them,  their  importance  required  that  they  should  be  sus- 
tained. I  have  felt  no  other  solicitude,  as  they  relate  to  my  own  par- 
ticular case,  but  to  avoid  the  being  unwarily  entrapped  by  vague 
and  ambiguous  phrases,  into  such  a  dilemma  as  that  the  Court  should 
feel  itself  compelled  to  find  the  fact  against  me,  of  writing  or  pub- 
Jishing  what  I  never  denied,  without  the  necessity  of  imputing  to  it 
any  specific  degree  of  legal  or  moral  impropriety. 

I  shall  now  proceed  to  a  cursory  and  brief  consideration  of  the 
charge  and  specifications  in  their  order,  as  connected  with  the  evi- 
dence. 

CHARGE  2.  The  analysis  that  has  already  been  made,  of  the 
terms  of  this  charge  ;  and  the  manifest  failure  of  every  attempt  to 
expound  from  them  any  intelligible  meaning  ;  far  less  a  precise 
charge  of  any  specific  act,  punishable  under  the  Naval  articles  of 
war  ;  may  dispense  me  from  any  other  notice  of  it,  than  a  few  ex- 
planatory remarks.  When  exception  was  taken  to  the  new  coined, 
or  new  compounded  adjective,  "  insubordinate,"  nothing  was  less 
intended,  than  nice  verbal  criticism  :  and,  after  all  that  has  been 
said,  the  practice  of  so  characterizing  the  criticisms  upon  the  present 
application  of  the  terms  is  not  perceived.  Nor  was  there  any  idea  of 
denying  absolutely  the  propriety  on  proper  occasions,  and  with  the 
necessary  skill  of  introducing  words,  with  new  forms  of  composition  ; 
or  with  any  other  impress  of  a  new  coinage.  The  lawfulness  of  such 
coinage,  and  the  rules  by  which  it  should  be  governed,  have  been 
too  long  established  by  a  celebrated  production  of  a  witty,  and  po- 
etical critic  of  antiquity,  to  be  now  questioned  :  though,  it  must 
be  confessed,  that  the  dry  and  solemn  details  of  an  indictment,  or 
criminal  charge,  do  not  furnish  the  happiest  occasion,  or  the  most 
legitimate  subject  for  such  adventurous  essays.  Neither  the  pro- 
priety, in  general,  of  the  arbitrary  composition  of  a  noun  with  a 
privative  particle,  when  the  writer  desired  to  express  some  quality 
of  contrariety,  to  the  primative  noun  ;  now  the  callida  punctura  of 
insubordinate,  when  applied  to  the  same  philosophical  ideas,  as  the 


494 

pritnative  adjective,  was  called  in  question.  The  gist  of  the  objec- 
tion WHS  that  subordinate  had  never  acquired  by  well  established 
use,  nor  even  by  any  use  popular  or  technical,  any  meaning  differ- 
ent from  that  affixed  to  it,  in  philosophical  and  literary  language  : 
that  such  meaning  was  utterly  unappropriate  and  incompetent  to 
denote  the  presence  of  any  military  or  other  virtue  in  an  individu- 
al :  consequently,  the  new  and  arbitrary  composition  of  the  word 
with  the  privative  particle,  (unknown  to  any  vocabulary  of  the  lan- 
guage and  without  any  fixed  or  known  meaning,  beyond  the  mere 
contrariety  of  its  primative)  was  equally  unappropriate,  and  incom- 
petent to  express,  the  presence  of  any  military  or  other  vice  or 
crime  in  an  individual.  What  connection  this  may  have  with  the 
Speculative  and  impracticable  notion,  censured  by  professor  Stewart, 
of  cramping  and  impoverishing  written* and  oral  language,  by  repu- 
diating every  signification,  not  deduceable  from  the  radical  or  prim- 
itive sense  of  words  ;  as  species  of  the  same  gems ;  is  not  so  obvi- 
ous. A  conjecture  was  indulged  that  "  insubordinate  conduct" 
might  possibly  have  been  intended  as  a  paraphrase  of  another  term, 
which  was  likewise  to  be  formed  by  the  composition  of  a  noun  with  a 
privative  particle  :  and  that  was  insubordination  :  and  no  other  appro- 
priate or  intelligible  meaning  could  be  inferred  from  the  application 
of  that  term  to  the  matter  of  the  charge,  but  disobedience  of  orders, 
which  made  it  identical  with  the  first  charge,  and  stripped  it  of  all 
relation  to,  and  support  from,  the  specifications  annexed  to  it.  The 
Judge  Advocate  has  seized  upon  the  identity  of  "  insubordinate 
conduct,"  and  "  insubordination,"  but  by  what  analogy  is  not  ex- 
plained. The  substantive  subordination  is  admitted  to  have  acquir- 
ed a  more  extended  meaning  in  military  language,  than  in  philo- 
sophical language,  or  literary  composition  ;  and  one,  very  remote- 
ly, if  at  all,  deducible  from  its  radical  or  primitive  sense,  while  the 
adjective  "  subordinate"  is  invariably  used  in  military  language,  ae 
in  all  admissible  usage,  with  the  strictest  analogy  to  its  radical  sense, 
and  therefore  the  adjective,  whether  simple  or  compounded,  being 
so  confined  to  its  radical  sense,  cannot  be  made  to  denote  the  new 
and  extended  signification  of  the  substantive,  either  in  its  simple  or 
compounded  form.  Numerous  authorities  are  cited  to  prove  that 
subordination  is  established  by  general  and  approved  usage,  as  ap- 
plied both  to  military  individuals,  and  to  military  bodies  collectively  : 
and  some  authorities  for  insubordination  applied  to  military  bodies  col- 
lectively, and  thegreataim  of  all  this  learned  and  laborious  research,  is 
to  prove  that  subordination  has  other  significations,  in  relation  to  mil- 
itary matters,  than  mere  obedience  to  orders.  Doubtless  it  is  used 
in  a  variety  of  senses  in  reference  to  military  matters  ;  when  ap- 
plied to  collective  bodies,  it  indicates  the  regular  series  and  grada- 
tion of  ranks,  and  the  principle  of  cohesion  and  organization  that 
preserves  them  in  their  order  ;  in  that  sense  it  is  opposed  to  anar- 
chy or  disorganization  ;  and  in  that  sense  it  is  utterly  unappropriate 
and  incompetent,  either  simple  or  compounded,  to  denote  the  pre- 
sence or  absence  of  any  military  crime  or  offence  in  an  individual. 
The  only  possible  application  of  it,  that  can  express  such  an  ide^,. 


495 

an  individual  of  a  military  body,  and  the  only  quality  it  can  pre* 
dicate  of  him,  at  all  to  the  purpose  of  the  present  charge,  is  obedi- 
ence or  disobedience  of  orders. 

The  Judge  Advocate  rejects  this  signification,  as  reducing  the 
two  charges  to  a  state  of  absolute  identity  of  meaning  and  effect  ; 
and  yet,  after  all  the  long  and  devious  huntings  after  a  meaning  no 
precise  or  definite  one,  different  from  this,  is  suggested.  The  ar- 
gument, in  support  of  the  charge,  highly  creditable  as  it  is,  in  other 
respects,  to  the  learning  and  ingenuity  of  its  author,  is  just  as  void 
of  precision  and  of  specific  intent,  in  its  conclusion,  as  the  charge 
itself. 

I  submit  it,  without  further  remark,  to  the  judgment  of  the 
Court,  whether  the  2d  charge  be  not  so  indefinite,  and  so  incapa- 
Jble  of  any  appropriate  meaning,  from  which  a  criminal  offence  may 
be  inferred,  as  to  strip  it  of  all  efficacy,  as  a  charge,  under  which 
any  judicial  trial  may  be  had.  The  charge  falling,  every  specifi- 
cation depending  on  it,  falls  with  it,  as  of  course.  I  desire,  never- 
theless, to  be  indulged  with  a  few  remarks,  upon  the  merits  of  each 
of  the  specifications. 

SPECIFICATION  IST. 

If  the  strictures,  upon  the  terms  of  the  charge  itself  be,  at  all 
founded,  this  specification  must  be  clearly  untenable  ;  while,  on 
the  other  hand,  a  successful  argument  in  support  of  the  general 
charge,  would  not  help  the  specification.  For,  after  it  shall  be 
made  to  appear  that  "  insubordinate  conduct,"  predicated  of  a 
moral  agent,  is  equivalent  to  "  insubordination,"  and  so  denotes 
some  military  offence  in  such  agent,  it  must  still  remain  an  enigma, 
what  "  insubordinate  character"  means,  when  predicated  ofa/eJ- 
ter.  The  moral  agent  may  commit  a  breach  of  subordination,  by 
writing  a  letter,  when  forbidden,  or  not  writing,  when  commanded  ; 
but,  what  positive  quality  of  subordination,  or  insubordination,  may 
inhere,  in  the  letter  itself,  is  the  mystery. 

The  "  insubordinate  character,"  charged  upon  these  letters,  is 
altogether  unintelligible  and  absurd ;  their  "  disrespectful  charac- 
ter" too  vague  and  uncertain,  to  produce  any  legal  con'sequences. 

Disrespect,  in  any  form  of  words,  written  or  oral,  is  not  recog- 
nized as  a  species  of  offence,  in  the  naval,  as  it  is  in  the  military  arti- 
cles of  war.  If  the  latter,  it  was  defined  and  limited  by  a  specific 
enumeration  of  the  personages,  to  whom  the  offence  might  be  offer- 
ed ;  and  from  that  enumeration,  the  Secretary  of  War  is  excluded  ; 
and  there  could  be  no  possible  reason,  why  the  feelings  of  the  one 
Secretary  should  be  held  any  more  sacred  and  inviolate  than  the 
other  ;  still  less,  that  the  naval  articles  should  have  interpolated  in 
them  a  new  and  fanciful  species  of  offence,  merely  for  the  sake  of 
placing  the  one  of  these  officers  upon  a  footing  of  pre-eminence 
over  the  other.  The  Naval  articles  punished  contempt  to  a  supe- 
rior officer,  while  in  the  exercise  of  the  duties  of  his  office  :  no  spe- 
cies of  disrespect,  short  of  contempt,  so  manifested,  conld  be 


496 

ishable  under  these  articles.  Contempt,  eo  manifested,  implied 
something  more  than  mere  words  ;  it  implied  either  acts  or  words, 
attended  by  the  practical  consequence  of  impeding  or  insulting  a 
superior  officer,  in  the  very  act  of  discharging  his  duty  :  it  stood 
next  in  degree  to  mutinous  words.  What  should  constitute  disre- 
spect, either  in  a  verbal  or  written  communication,  is  altogether 
arbitrary — depending  upon  etiquette,  in  many  instances  ;  and,  upon 
certain  minute  observances,  wholly  beneath  the  gravity  of  judicial 
notice.  What  might  be  entirely  unexceptionable  on  one  occasion, 
might  be  highly  disrespectful  on  another.  Besides,  the  Secretary 
of  the  Navy,  if  he  be  intended  as  the  person  to  whom  these  letters 
were  disrespectful,  does  not  stand  in  the  relation  of  superior  officer, 
contemplated  by  the  Naval  Articles  of  War,  which  evidently  refer 
to  the  gradations  and  relations  of  mere  military  rank.  The  Secre- 
tary of  the  Navy  is  exclusively  a  civil  officer,  without  military  rank, 
or  other  connection  with  it,  than  as  the  organ  of  communication  be- 
tween the  Executive  and  the  officers  of  the  Navy. 

But,  after  all,  what  is  there  disrespectful  to  any  body  in  these  let- 
ters ?  They  complain  of  real  or  supposed  grievances.  They  free- 
ly remonstrate — it  is  true — and  when  affairs  of  the  Navy  or  Army 
may  not  do  that  with  impunity,  they  must  be  abject  indeed,  if  not  de- 
based. The  military  articles  of  war,  expressly  authorize  the  ap- 
peal of  the  meanest  soldier  ;  and  so,  through  all  the  gradations  of 
military  rank,  when  he  thinks  himself  wronged.  Then  any  officer 
or  soldier  of  the  army  may  complain  of  wrong  from  bis  immediate 
superior,  without  offence  ;  and  what  shall  restrain  an  officer  of  the 
Navy,  from  complaining  and  remonstrating  against  alleged  injustice  ? 
The  question  is  not  now  triable  by  this  Court,  whether  I  were  well 
grounded  in  my  complaint,  but  whether  it  were  urged  in  indecent 
or  abusive  language. 

The  examples  of  free  and  uncensured  complaint  and  remon- 
strance from  military  men,  to  or  against  their  superiors,  are  nu- 
merous in  the  services  of  this  country  and  of  Europe. 

If  1  were  called  upon  to  explain  or  justify  the  tone  of  complaint, 
indicated  by  the  correspondence  now  produced,  1  should  be  at  no 
loss  to  specify  such  reasons,  as  upon  the  coolest  reflection,  1  still 
think  well  founded. 

The  manner  of  my  recall,  so  incommensurate  as  I  then  knew, 
and  as  I  still  know,  with  the  merits  of  my  conduct ;  which,  if  it  had 
been  as  well  understood  then,  as  it  must  be  now,  I  do  verily  be- 
lieve would  have  been  applauded,  instead  of  being  censured.  The 
inequality  between  the  treatment  I  received,  and  that  extended  to 
others,  under  like  circumstance*  ; — the  continuing  to  hold  me  up, 
without  investigation,  and  for  so  long  a  time  after  I  tendered  myself 
prepared  for  the  investigation,  were  all  circumstances  that  bore  hard 
upon  my  thoughts. 

The  contrast  in  the  triumphant  and  magnanimous  support  of  Gene- 
ral Jackson,  against  the  heaviest  and  most  menacing  cloud  of  dis- 
content ;  and  in  the  delicate  treatment  of  Captain  Cassin,  (as  ex- 


497 

plained  in  the  order  from  the  Navy  Department  to  me  of  the  9th 
April,  1823.)  who  had  the  option  to  come  home  to  explain  his  con- 
duct, or  to  transmit  a  written  explanation  against  grevious  com- 
plaints, (severe  and  unjust  as  they  were)  of  the  Spanish  Minister, 
all  conspired  to  convince  me  that  I  had,  in  some  way,  forfeited  the 
favour  of  the  administration.  Nor  did  the  administration  appear  so 
instantly  and  spontaneously  struck  with  the  enormity  of  my  trans- 
gression, at  Faxardo,  as  to  account  for  my  severe  treatment.  For 
my  official  report  of  the  transaction,  lay  for  more  than  three  weeks 
unnoticed  in  the  Department,  and  my  letter  of  recall,  bears  date  011 
the  very  day,  (27  December,  1824,)  that  the  inquiry  concerning 
the  affair,  was  moved  in  Congress.  Besides,  the  Secretary's  let* 
ter  to  me,  April  20th,  1825,  seems  willing  to  ease  off  the  weight 
of  the  blow,  by  mixing  up  other  causes  for  my  recall.  I  had,  it  is 
true,  intimated  a  conditional  wish  to  be  relieved  from  the  command, 
but  I  could  never  have  inferred,  from  the  tenor  of  rriy  letter  of  re- 
call, that  it  was  in  any  degree,  caused  by  such  intimation. 

1  take  this  occasion  to  say,  that  I  should  despise  myself,  if  I  were 
capable  of  insult  or  rudeness  to  a  gentleman,  to  whom  I  stood  in 
my  then  or  present  relations  to  the  President,  and  to  the  Secretary 
of  the  Navy.  1  should  hold  it  as  unmanly,  as  to  stand  mute  and 
awe  struck,  when  I  conceive  myself  justly  entitled  to  complain.  If 
any  passage  of  my  letters  could  reasonably  have  borne  such  a  con- 
struction, I  should  been  grieved,  and  would  unhesitatingly  have 
discovered  the  inference. 

SPECIFICATION  SECOND. 

What  law  or  what  usage  prohibit  a  public  report  of  the  pro- 
ceedings of  any  Court,  after  the  judicial  function  on  that  sub- 
ject, had  been  executed  and  the  Court  dissolved  ?  The  only 
possible  mode  in  which  an  offence  can  be  committed,  by  the  pub- 
lication, in  detail,  of  judicial  proceeding?,  is  whilst  they  are  pend- 
ing, and  may  be  prejudiced  by  the  publication  ;  and  in  that  case, 
the  character  and  degree  of  the  offence  is  a  contempt  of  Court, 
punishable  as  a  contempt  by  the  identical  tribunal  whose  authority 
is  insulted,  and  punishable  in  no  other  way.  The  proceedings  of 
the  Court  were  necessarily  public,  but  it  is  allowed  that  the  print- 
ing of  detailed  statements  of  them,  pending  the  trial,  is  improper, 
because  it  operates  practical  mischief  on  that  identical  proceeding. 
But  when  the  trial  is  finished,  the  mischief  ceases  ;  und  upon  the 
dissolution  of  the  Court,  the  only  authority  that  cuuld  have  taken 
cognizance  of  the  offence,  had  neased. 

SPECIFICATION  THIRD. 

This  specification,  in  so  far  as  the  charges,  simple  inaccuracies 
in  my  statement  of  the  proceedings  of  the  Court  of  Inquiry,  is  fri- 
volous in  its  terms  ;  and  it  turns  out  to  be  still  more  so  in  the  proof. 
For,  if  every  variance  between  the  printed  report  and  the  record, 
could  justly  be  charged  as  the  mistakes  of  the  former,  they  were 
wholly  immaterial,  and  it  is  too  favourable  a  representation  of  them, 
fo  say  they  were  merely  verbal ;  for  thev  even  descended  into  the 
63 


198 

minutia  of  punctuation  and  orthography,  and  even  of  emphasis,  if 
such  may  be  understood  by  the  term  of  italicising.  The  only 
circumstance*  that  could  have  given  any  legal  or  moral  effect  to  this 
specification,  would  have  been  to  charge  substantial  errors  in  the 
printed  report,  materially  varying  the  sense,  and  to  have  charged 
them  as  proceeding  from  a  corrupt  and  malicious  motive  ;  but  the 
variances  are  not  proved  to  have  been  chargeable  to  any  mistake  of 
mine,  or  my  clerks.  In  the  original  record,  in  more  than  a  dozen 
instances,  where  erasures  appear,  and  words  are  interlined  or 
added,  in  a  different  hand-writing  from  the  body  of  the  record,  clearly 
shewing  alterations  to  have  been  made  on  its  face,  after  it  had  been 
fairly  transcribed  from  the  original  minutes  of  the  Judge  Advocate  ; 
my  copy  reads  to  the  greatest  exactness,  with  a  fair  transcript,  before 
it  was  altered,  retaining  all  the  passages  erased,  and  omitting  all 
those  interlined,  or  added.  Then  there  are  two  evidences  in  favour 
of  the  original  correctness  of  my  copy,  viz  :  the  clerk,  who  origi- 
nally transcribed  from  the  Judge  Advocate's  minutes,  and  the  clerk 
who  copied  for  me  ;  from  which  it  clearly  appears,  that  these  dif- 
ferences were  produced,  not  by  the  error  of  my  copying  clerk,  but 
by  alterations  of  the  minutes  or  record,  after  my  copy  had  been 
given  out.  I  presume  the  Judge  Advocate  had  a  right  to  make 
these  alterations,  and  I  complain  not  of  them  ;  but  I  do  complain 
of  their  being  made  the  ground  of  a  serious  charge  of  incorrectness 
in  my  publication.  The  record  contains  other  circumstantial  evi- 
dence, most  convincing  to  the  same  point  ;  but  I  forbear  to  enter 
into  further  details.  One  of  the  most  important  differences  be- 
tween the  two  copies,  consists  of  an  amendment  of  the  original  min- 
utes ordered  by  the  Court  itself;  which  amendment  I  inserted  in  its 
proper  place,  and  erased  the  erroneous  entry  which  that  amendment 
should  have  supplied.  Whereas  the  Judge  Advocate  left  the  original 
minute  to  stand  as  erroneously  entered,  and  entered  a  minute  of  the 
amendment  in  another  place.  As  to  such  documents  and  proceed- 
ings as  are  charged  to  have  been  omitted,  1  accounted  for  the  omis- 
sion on  the  face  of  the  publication,  by  stating  I  had  applied  for 
them,  and  could  not  obtain  them.  As  to  the  transposition  of  the  do- 
cuments, that  is  explained  to  mean  an  inversion  of  the  order,  in 
which  they  had  been  originally  placed  and  numbered,  and  needs  no 
•remark,  as  it  stands  on  a  level  with  their  errors  in  grammar,  ortho- 
graphy, punctuation,  emphasis,  &c. 

SPECIFICATION  FOURTH. 

What  is  unwarranted  by  fact,  or  what  disrespectful  to  the  Secre- 
tary of  the  Navy,  or  the  Court  of  Inquiry,  in  any  of  the  remarks, 
statements,  or  insinuations,  here  complained  of,  has  never,  to  this 
day,  been  explained.  That  complaints  are  made  to  ihe  Secretary 
of  the  Navy,  of  acts  to  which  he  was  the  organ,  is  true,  that  certain 
proceedings  of  the  Court  of  Inquiry  are  remarked  upon,  and  freely 
criticised,  but  in  terms  wholly  unexceptionable.  I  have  not  assail- 
ed their  motives,  nor  their  understandings,  but  have  endeavoured 
to  demonstrate  certain  errors  in  judgment,  that  bore  hardly,  as-l 


499 

conceived,  upon  my  particular  case.  What  may  be  the  .standard  of 
the  deference  a(nd  respect  due  from  a  military  or  naval  officer,  to  a 
military  or  naval  Court  of  Inquiry,  I  know  not.  But  this  I  know, 
that  complaint  and  remonstrance,  from  persons  far  more  delicately 
situated  towards  the  persons  addressed,  and  the  intercourse  be- 
tween whom  is  guarded  by  far  morejealous  punctilios  : — I  allude  to 
the  relation  between  a  military  officer,  and  the  legislature  of  his 
country  ;  and  I  cite,  as  an  example,  the  memorial  of  General  Jack- 
son to  the  Senate,  in  which  he  freely  and  severely  censures  the 
proceedings  of  a  Committee  of  Inquiry.  Let  the  terms  of  my  com- 
plaint be  compared  with  those  of  General  Jackson's  memorial,  and 
it  will  plainly  appear,  how  much  I  kept  myself  within  the  allowed 
limits  of  complaint.  Yet  the  Senate,  after  debate  and  full  delibe- 
ration, voted  the  memorial  unexceptionable,  and  ordered  it  to  be 
printed.  And  General  Jackson  lives  in  the  heart  of  the  nation — an 
honoured  member  of  the  very  Senate  which  had  so  magnanimously 
brooked  the  freedom  of  his  remonstrance  ;  and  only  second  in  the 
competition  for  the  highest  honours  of  the  State. 

SPECIFICATION  FIFTH. 

This  specification,  both  as  stated  in  terms,  and  as  made  out  in 
proof,  assumes  that  it  is  a  military  offence,  punishable  by  a  Court 
Martial,  for  an  officer  to  make  public  any  communication  whatever  ; 
no  matter  how  innocent  or  indifferent,  without  first  obtaining  leave. 
Upon  what  authority  so  strange  a  position  is  assumed,  is  not  ex- 
plained, nor  it  may  be  easily  conjectured.  If  secrecy  be  enjoined, 
either  expressly  by  the  terms  of  the  communication,  or  implicitly 
by  its  nature,  and  the  injury  to  the  public  service,  which  a  disclo- 
sure might  produce,  the  publication  of  it  would  be  highly  improper, 
and,  according  to  circumstances,  might  bring  him  in  the  danger  of  the 
legal  charge  of  scandalous  conduct.  But  as  to  official  communica- 
tions in  general,  not  impressed  with  this  special  character  of  secre- 
cy, there  is  usually  less  delicacy  or  reserve  concerning  them  than 
is  customary  wilh  the  correspondence  of  private  gentlemen  ;  be- 
cause the  former  are,  in  some  sort,  public  documents,  and  the  same 
motives  of  delicacy  are  not  applicable  to  them.  The  correspon- 
dence here  charged  as  published,  without  leave,  was  thought  ne- 
cessary to  the  exposition  of  some  part  of  my  conduct  before  the 
public  ;  and  I  contend,  there  was  no  possible  injury  to  the  service 
from  its  publication. 

Having  gone  through  all  the  stated  charges  and  specifications,  it 
seems  I  am  called  upon,  to  answer  some  collateral  matter  having 
no  manner  of  connexion,  with  the  real  merits  of  any  question  involv- 
ed in  the  present  trial  :  unless  it  be  supposed,  to  be  a  legitimate 
mode  of  attack,  to  eke  out  the  defects  of  the  existing  charges  and 
evidence,  by  throwing  the  weight  of  an  eminent  man's  character  and 
opinion  into  the  scale  against  me.  I  allude  to  the  deposition  of  Mr. 
Monroe,  taken  without  any  legal  authority,  and  containing  within  it- 
self not  a  tittle  of  evidence,  that  can  or  ought  to  oper?*e  against  m? 


300 

with  any,  but  the  narrow  minded  and  the  servile.  In  so  tar  as  ii 
imports  any  disapprobation  of  my  conduct,  it  is  by  ripping  up  some 
old  causes  of  dissatisfaction  which  ought  not  to  have  had  any  influ- 
ence upon  the  conduct  of  the  late  administration  in  relation  to  the 
affair  of  Faxardo  :  and  if  it  shall  appear  that  they  had  such  influence, 
I  should  rather  consider  it  as  furnishing  me  with  new  ground  of  com- 
plaint, instead  of  accumulating  or  aggravating  any  of  the  complaints, 
wether  well  or  ill  founded,  against  me.  1  do  infer,  in  the  absence 
of  all  explanation  of  the  purposes  for  which  this  deposition  is  ad- 
duced, that  one  of  them  is  to  take  upon  the  late  President  all  the  re- 
sponsibility of  the  various  orders  from  the  Navy  Department  of 
which  I  had  at  different  times  complained.  If  this  means  that  I  should 
have  complained  of  the  President,  instead  of  the  Secretary  of  the 
Navy,  it  implies  (hat  what  was  disrespectful  to  the  head  of  the  De- 
partment, would  have  been  quite  decorous  to  the  chief  magistrate. 
The  truth  is,  that  all  my  complaints  of  the  manner  of  my  recall, 
were  addressed  to  the  Secretary  of  the  Navy  as  the  regular  organ 
through  which  I  communicated  with  the  administration  :  and  what- 
ever use,  I  made  of  the  personal  pronoun  in  describing  the  source 
of  the  measures  complained  of,  I  should  have  been  understood  as 
speaking  of  the  administration  collectively.  As  to  the  short  corres- 
pondence between  Mr.  Monroe  and  myself  in  March  last,  it  was 
with  the  utmost  surprise  that  1  received  an  intimation  during  the 
present  trial  that  it  had  been  deposited  in  the  Navy  Department. 
Not  that  I  mean  to  complain  of  its  surrender  to  the  purposes  of  the 
prosecution,  but  simply  to  express  my  surprise  that  a  correspon- 
dence so  trivial  in  itself,  and  merely  personal  in  its  concern,  should 
have  received  so  solemn  a  destination.  Indeed  the  inoffensiveness 
of  its  contents  serve  to  shew  how  securely  I  might  challenge  inves- 
tigation, since  the  mosT  unscrupulous  use  of  a  private  correspondence 
had  produced  nothing  of  which  I  ought  to  be  ashamed.  If  there 
were  any  thing  that  I  could  now  desire,  to  have  expunged,  the 
wish  was  dictated  by  a  feeling  of  pride  which  I  think  it  meritorious 
to  repress  ;  without  regretting  any  errors  of  sentiment  into  which 
I  may  have  been  betrayed  by  any  warmth  or  cordiality  of  temper. 

D.  PORTER. 

Extracts  /row?,  and  references  to,  the  President's  Messages  to  Con- 
gress, and  the  Documents  accompanying  the  same,  in  relation  to  the 
transactions  of  the  squadron  under  command  of  Commodore  Porter ; 
all  which  are  referred  to  in  his  Defence,  and  requested  to  be  taken 
as  part  thereof. 

Extract  from  the  President's  Message  to  Congress,  at  the  commencement  of  the 

1st  session  of  the  18th  Congress,  Dec.  2d,  1823. 

"  In  the  West  Indies  and  the  Gulf  of  Mexico,  our  naval  force  has 
been  augmented,  by  the  addition  of  several  small  vessels,  provided 
for  by  the  '  act  authorizing  an  additional  naval  force  for  the  sup- 
pression oflfciracy,'  passed  by  Congress  at  their  last  session.  That 
arrnamenrhas  been  eminently  successful  in  the  accomplishment  of 


501 


ofTtn: 

pressed.  and  the  conGdenc  ,  rf  ou, 
restored. 


in  the  De 

e  be">  - 
a  great  measure 


seconded  by  the  officers  and 
•ng  with  high  satisfaction 
have  sustained  the  ' 


«f 


is 


Porter,  to 

'  has  bee°  fl% 
And'in  «««* 
which  ">ey 
f  'y'  the  se" 


.     Uncerta 
the  medical  officers  h 
duties,  it  u-as  though 
rank  and  experience, 
origin  of  the  fever/and  the 
future  seasons  ;  to  furnish 
ienng,  and,  if  practir-ih^  * 
portant  a  ^o^ 
did  him  honour,  cheerSllt  f 

it  in  the  manner  SaCCePted 


to  h  )  ocer  was  se- 

nd      /     '  an?,kn°7ing  that  most  of 

'  P°8t  a°  0fFlCer  of 
?™™'  to  Certain  the 

Jo  r'1^"06  'here  in 
to  those  who  were  suf. 

of  abandon^  so  im. 
a  PromP{itude  which 
trust,  and  has  discharged 
and  patriotism.     BefL 


.       e 

ron,  had  removed  f  i  the  W  n  heg,reater  Part  of  the  squad- 
States,  in  consequence  of  th--,a  murned  to  the  United 
information  haX^  btn^V  f  SlCkntSS'  Much  Usefui 
land,  and  great  rehef  affor^l  ^  °^ained'  as  to  the  state  of  Jhe  Is- 
left  Jhere.  Fded  l°  those'  who  had  ^en  necessarily 


«f 


At  an  ear- 
were  made  to  the 


,      502 

indemnity  for  wrongs  already  committed,  and  interdicting  the  repeti- 
tion of  them.     The  Minister,  as  has  been  seen,  was  debarred  ac- 
cess to  the  Spanish  Government,  and  in  the  mean  time  several  new 
cases  of  flagrant  outrage  have  occurred,  and  citizens  of  the  United 
States  in  the  Island  of  Porto   Rico   have  suffered,  and  others  been 
threatened  with,  assassination,   for    asserting  their  unquestionable 
rights,  even  before  the  lawful  tribunals  of  the  country." 
Vide  printed  message,  p.  9 — 10. 

Extract  from  the  Report  of  the  Secretary  of  the  NaVy  to  the  President  of  the 
United  States,  Dec.  1,  1823,  accompanying  said  Message. 

"  On  the  western  side  of  the  Atlantic  Ocean,  and  in  the  Gulf  of 
Mexico,  the  operations  of  our  naval  force  have  been  more  active. 
Several  vessels  were  in  commission  there  at  the  close  of  the  last  year, 
To  these  were  added,  under  the  authority  of  the  law  passed  at  the 
last  session  of  Congress,  '  authorizing  an  additional  force  for  the 
suppression  of  piracy,'  the  steam  galliot  Sea  Gull,  eight  small 
schooners,  the  Grey  Hound,  Jackall,  Fox,  Wild  Cat,  Beagle,  Fer- 
ret, Weazel,and  Terrier;  five  barges,  the  Musquito,  Gnat,  Midge, 
Sandfly,  and  Gallinipper  ;  and  one  transport  ship,  the  Decoy. 

Captain  David  Porter  was  appointed  to  the  command  of  the  squad- 
ron, and  sailed  from  Norfolk  about  the  10th  of  February  last.  His 
station  was  at  Thompson's  Island,  from  which  he  despatched  his 
vessels  in  such  way  as  he  judged  best  suited  to  attain  his  objects. — 
The  annexed  extracts  from  his  letters  and  reports  exhibit  the  results. 

The  size  of  most  of  the  vessels,  the  nature  of  the  duties,  and  the 
exposure  of  the  officers  and  men,  called  for  a  display  of  persever- 
ance and  fortitude  seldom  required  of  those  engaged  in  our  service 
— but  the  call  was  well  Answered.  Every  thing  was  accomplished 
which  was  anticipated  from  the  expedition.  Piracy,  as  a  system, 
has  been  repressed  in  the  neighbourhood  of  the  Island  of  Cuba,  and 
now  requires  only  to  be  watched,  by  a  proper  force,  to  be  prevent- 
ed from  afflicting  commerce  any  further  in  that  quarter.  The  pub- 
lic authorities  of  the  Island  of  Cuba  manifested  a  friendly  disposi- 
tion towards  the  squadron,  and  rendered  much  assistance  in  the  pur- 
suit of  its  objects. 

On  the  5th  March,  as  Lieut.  Cocke,  in  obedience  to  the  orders 
of  Captain  Porter,  was  entering  the  harbour  of  St.  Johns,  Porto 
Rico,  in  the  schooner  Fox,  he  was  killed  by  a  shot  from  the  castle. 
Extracts  from  the  correspondence  between  Captain  Porter  and  the 
government  of  the  Island,  on  this  subject,  are  annexed. 

The  squadron  was  healthy  and  prosperous,  until  about  the  mid- 
dle of  August,  when  a  malignant  fever  broke  out  at  the  station, 
and  destroyed  many  valuable  lives.  The  first  reports  of  this  cala- 
mity were  brought  to  the  Department  on  the  17th  September.  At 
the  time  they  left  the  island,  Captain  Porter  and  most  of  the  medi- 
cal officers  were  sick,  and  there  was  great  cause  to  fear  that  the 
squadron  would  be  deprived  of  its  commanding  officer,  and  of  the 
medical  assistance  necessary  to  its  safety.  Under  these  circnm-; 

I 


503 

stances  if  was  considered  expedient  to  send  to  the  station  aa  officer 
of  rank  and  experience,  with  a  sufficient  number  of  Surgeons,  to 
furnish,  in  any  event,  the  aid  necessary  for  the  safety  and  proper  con- 
duct of  the  squadron,  with  power  to  remove  it,  should  that  be  found 
necessary.  Captain  Rodgers  cheerfully  consented  to  encounter  the 
hazard  and  responsibility  attendant  on  such  an  expedition.  He 
sailed  from  New  York  as  soon  as  a  vessel  could  be  prepared  for 
the  purpose  ;  but,  before  his  arrival,  Captain  Porter  had  become 
convalescent,  and,  with  the  greater  part  of  the  Squadron,  had  re- 
turned to  the  United  States.  The  reports  of  these  officers  will 
fully  explain  their  views  of  the  causes  of  the  disease,  and  the  means 
by  which  a  recurrence  of  it  may  be  prevented. 

It  is  believed,  that  the  Florida  station  is  incalculably  important  to 
some  of  the  best  interests  of  this  Union  ;  and  that  it  ought  not  to  be. 
deserted,  until  every  expedient  has  failed  to  render  it  a  secure  and 
healthy  position,  for  our  vessels.  I  feel  great  confidence  in  the 
opinion  that  it  may  be  made  such,  without  encountering  great  hazard 
of,  the  evils  we  have  heretofore  suffered. 

For  the  protection  of  commerce,  and  the  suppression  of  piracy, 
in  the  Western  Atlantic  and  Gulf  of  Mexico,  it  is  proposed,  in  the 
ensuing  year,  to  continue  Thompson's  Island  as  the  station  for  the 
vessels  employed  in  those  objects;  to  place  there  a  ship  of  the 
line,  armed  and  manned  as  a  frigate,  for  which  purpose  the  Inde- 
pendence is  well  fitted  ;  and  to  attach  to  the  command  the  John 
Adams  and  Hornet,  and  one  other  sloop-of-war,  with  four  of  the 
larger  schooners,  the  Grampus,  Porpoise,  Shark  and  Spark,  one  ol* 
the  smaller  schooners,  and  the  barges.  This  force  is  competent  to 
protect  all  our  interests.  The  ship  of  the  line,  placed  in  a  proper 
position,  will  afford  comfortable  accommodations  to  those  who  are 
obliged  to  remain  at  the  station,  and  prevent  the  necessity  of  inter- 
course with  the  island,  when  danger  is  suspected.  The  cruises  of 
the  other  vessels,  except  those  which  visit  the  coast  of  Africa,  may 
be  limited  to  four,  five  or  six  weeks,  and  on  their  return,  their 
crews  may  be  exchanged  for  othgrs.  who,  during  the  time,  have 
been  stationary.  By  these  mean*  and  a  proper  attention  to  clean- 
liness, both  in  the  men  and  the  vessels,  and  avoiding  intercourse  with 
places  known  to  be  sickly,  the  health  of  all  will  probably  be  pre- 
served. For  the  proper  execution  of  such  a  system,  full  reliance 
mav  be  placed  in  our  officers.  The  island  itself,  by  clearing, 
draining,  and  cultivating,  will,  after  a  time,  probably  become  more 
healthful. 

It  will  be  perceived,  that  this  distribution  of  force  includes  only 
one  of  the  small  schooners.  They  were  admirably  calculated  for 
the  end  for  \vhich  they  were  purchased,  and  have  effected  it.  But 
piracy  being  for  the  present,  repressed,  and  requiring  only  such  a 
force  as  will  prevent  its  revival,  they  are  no  longer  necessary  ;  and, 
being  both  very  expensive,  and  utterly  subversive  of  all  disci- 
pline, it  is  respectfully  recommended  that  they  be  sold,  retaining 
one  for  the  present  season  ;  after  which,  it  may  be  sold.  " 

Vide  printed  documents  accompanying  said  message,  p.  113 — 15- 


504 

Copies  of  correspondence  of  Commodore  David  Porter,  and  officers  oj 
the  Squadron,  wider  my  command,  in  relation  to  the  suppression  oj 
piracy,  accompanying  the  said  report,  and  the  President's  said  mes- 
sage;  and  for  which,  reference  is  here  made  to  the  copies  of  the 
said  documents,  printed  by  authority  of  Congress— from  page  136 
to  page  194,  inclusive. 

Extract  from  the  President's  Message  to  Congress,  at  the  commencement  oi 
the  Second  Session  of  the  18th  Congress,  Doc.  17th,    1824. 

"  The  force  employed  in  the  Gulf  of  Mexico,  and  in  the  neigh- 
bouring seas,  for  the  suppression  of  piracy,  has  likewise  been  pre- 
served essentially,  in  the  state  in  which  it  was  during  the  last  year. 
A  persevering  effort  has  been  made,  for  the  accomplishment  of  that 
object,  and  much  protection  has  thereby  been  afforded  our  com- 
merce ;  but  still  the  practice  is  far  from  being  suppressed.  From 
every  view  which  has  been  taken  of  the  subject,  it  is  thought  that 
it  will  be  necessary  rather  to  augment,  thau  to  diminish  our  force,  in 
that  quarter.  There  is  reason  to  believe,  that  the  piracies  now  com- 
plained of,  are  committed  by  bands  of  robbers,  who  inhabit  the  land, 
and  who,  by  preserving  good  intelligence  with  the  towns,  and  seiz- 
ing favourable  opportunities,  rush  forth,  and  fall  on  unprotected 
merchant  vessels,  of  which  they  make  an  easy  prey.  The  pillage 
thus  taken,  they  carry  to  their  lurking  places,  and  dispose  of  after- 
wards, at  prices  tending  to  seduce  the  neighbouring  population. 
This  combination  is  understood  to  be  of  great  extent,  and  is  the 
more  to  be  deprecated,  because  the  crime  of  piracy  is  often  at- 
tended with  the  murder  of  the  crews;  these  robbers  knowing  if  any 
survived,  their  lurking  places  would  be  exposed,  and  they  be  caught 
and  punished.  That  this  atrocious  practice  should  be  carried  to 
such  extent,  is  cause  of  equal  surprise  and  regret.  It  is  presumed, 
that  it  must  be  attributed  to  the  relaxed  and  feeble  state  of  the  lo- 
cal  governments,  since  it  is  not  doubted,  from  the  high  character  of 
the  Governor  of  Cuba,  who  is  well  known  and  much  respected 
here,  that  if  he  had  the  power^he  would  promptly  suppress  it.  '* 

Vide  printed  Message,  p.  12,  ib. 

Extrart  from  the  report  of  the  Secretary  of  the  JVany  to  the  President  of  the 
United  Stales,  December  1,  1824,  accompanying  the  last  message. 

"  The  manner  in  which  the  force  assigned  to  the  protection  of 
our  commerce,  and  the  suppression  of  piracy  in  the  West  Indies, 
has  been  employed,  will  be  seen  by  the  annexed  letters  and  reports 
of  Commodore  Porter,  marked  C.  The  activity,  zeal,  and  enter- 
prise of  our  officers,  have  continued  to  command  approbation.  All 
the  vessels  have  been  kept  uniformly  and  busily  employed,  where 
the  danger  was  believed  to  be  greatest,  except  for  short  periods, 
when  the  Commander  supposed  it  necessary  that  they  should  re- 
turn to  the  United  States,  to  receive  provisions,  repairs,  and  men, 
and  for  other  objects  essential  to  their  health,  comfort,  and  efficiency. 

No  complaints   have  reached   this  Department,  of  injury  from 


505 

privateers  of  Porto  Rico,  or  other  Spanish  possessions  ;  nor  have 
our  cruisers  found  any  violating  our  rights.  A  few  small  piratical 
vessels  and  some  boats  have  been  taken,  and  establishments  broken 
op,  and  much  salutary  protection  afforded  to  our  commerce.  The 
force  employed,  however,  has  been  too  small,  constantly  to  watch 
every  part  of  a  coast,  so  extensive  as  that  of  the  islands  and  shores 
of  the  Gulf  of  Mexico,  and  some  piratical  depradations  have  there- 
fore been  committed  ;  but  they  are  of  a  character,  though,  perhaps, 
not  less  bloody  and  fatal  to  the  sufferers,  yet  differing  widely  from 
those  which  first  excited  the  sympathy  of  the  public,  and  exertions 
of  the  Government.  There  are  few,  if  any,  piratical  vessels  of  a 
large  size  in  the  neighbourhood  of  Cuba,  and  none  are  now  seen  at 
a  distance  from  the  land.  But  the  pirates  conceal  themselves,  with 
their  boats,  in  small  creeks,  bays,  and  inlets,  and  finding  vessels  be- 
calmed, or  in  a  defenceless  situation,  assail  and  destroy  them. 
When  discovered,  they  readily  and  safely  retreat  into  the  country, 
where  our  forces  cannot  follow,  and,  by  the  plunder,  which  they 
have  obtained,  and  which  they  sell  at  prices  low  and  tempting  to 
the  population,  and  by  the  apprehensions  which  they  are  able  to 
create  in  those  who  would  otherwise  give  information,  they  remain 
secure,  and  mingle,  at  pleasure,  in  the  business  of  the  towns,  and 
transactions  of  society,  and  acquire  all  the  information  necessary  to 
accomplish  their  purposes.  Against  such  a  system,  no  naval  force, 
within  the  controul  of  this  Department,  can  afford  complete  securi- 
ty, unless  aided  by  the  cordial,  unwavering,  and  energetic  co-ope- 
ration of  the  local  governments  ;  a  co-operation  which  would  ren- 
der their  lurking  places  on  land  unsafe,  and  make  punishment  the 
certain  consequence  of  detection.  Unless  this  co-operation  be  ob- 
tained, additional  means  ought  to  be  entrusted  to  the  Executive,  to  be 
Hsed  in  such  manner  as  experience  may  dictate. 

Vide  printed  documents  accompanying  the  last  message,  p.  110. 

c. 

The  letters  and  reports  of  Commodore  Porter,  referred  to  in  the 
last  report  of  the  Secretary  of  the  Navy,  as  marked  C.  :  that  is  to 
say,  such  of  the  same  as  were  made  from  the  officers  of  the  squad- 
ron, to  Commodore  Porter,  whilst  he  was  at  Washington,  in  the 
summer  of  1824,  and  by  him  officially  transmitted  to  the  Secretary 
of  the  Navy  ;  —  also  his  own  official  reports  to  the  Navy  Depart- 
ment, during  the  same  period,  to  wit  : 

Extract  of  a  letter  from  Lieutenant  Commandant  James  M.  Mcln- 
tosh  to  Commodore  David  Porter,  communicated  to  the  Secretary 

of  the  Navy,  dated 

Thompson's  Island,  July  12th,  1824. 


Copy  of  a  letter  from  acting  Lieutenant  Alexander  B.  Pinkham, 
to  Commodore  David  Porter,  communicated  to  the  Secretary  of  the 

Navy,  dated 

U.  S,  SCHR.  BJKAGLE,  Quarantine  Ground,  X  F.  dvgvst+>  1' 

64 


506 

Copy  of  a  communication  from  Lieutenant  Commandant  K.  L, 
Montgomery,  to  Commodore  David  Porter,  communicated  to  the 
Secretary  of  the  Navy,  headed 

U.  S.  SCHOONER  BEAGLE,  &c.  &c. 

Extract  of  a  letter  from  Lieutenant  Commandant  Mclntosh,  to 
Commodore  David  Porter,  communicated  to  the  Secretary  of  thft 
Navy,  dated 

ALLENTON,  Thompson's  Island,  8th  August,  1824. 

Copy  of  a  letter  from  Commodore  David  Porter,  to  the  Secretary 
of  the  Navy,  dated 

WASHINGTON,  August  9/ft,  1824. 

Copy  of  a  letter  from  Commodore  David  Porter,  to  the  Secretary 
of  the  Navy,  dated 

WASHINGTON,  August  iQlh,  1824. 

Extract  of  a  letter  from  Lieutenant  Commandant  Jas.  M.  Mcln- 
tosh, to  Commodore  David  Porter,  communicated  to  the  Secretary 
of  the  Navy,  dated 

ALLENTON,  Thompson's  Island,  25th  August,  1824. 

For  the  contents  of  all  which  reference  is  here  made  to  the  said 
documents,  as  printed  by  the  authority  of  Congress,  p.  123,  128. 

Message  from  the  President  of  the  United  States,  December 
28th,  1824,  transmitting,  (in  compliance  with  a  resolution  of  the 
House  of  Representatives,  of  the  27th  instant,)  information  rela- 
ting to  the  visit  of  the  Naval  Officer  of  the  United  States,  command- 
ing in  the  West  Indies,  to  the  town  of  Faxardo,  Porto  Rico,  in 
November  last. 

Vide  Message,  printed  by  authority  of  the  House  of  Representatives,  28th 
December,  1824. 


Copy  of  a  letter  from  the  Secretary  oftheNaty,  to  Com.  David  Porter,  dated 

NAVT  DEPARTMENT,  April  9th,  1823. 

Sia  :  The  enclosed  copies,  from  the  Spanish  Minister,  Joaquin 
de  Anduagua,  exhibit  very  strong  complaints  against  Captain  Ste- 
phen Cassin,  Commander  of  the  U.  S.  ship  Peacock,  which  will 
render  his  return  to  the  United  States  necessary,  unless  he  can  meet 
the  accusations  by  denial,  or  evidence,  so  as  to  enable  the  Secreta- 
ry of  State  to  reply  promptly  to  the  Spanish  Minister  upon  the  se- 
veral grounds  of  complaint. 

You  will,  therefore,  communicate  the  enclosed  to  Captain  Cassia^ 
and  either  order  him  home  or  return  to  me,  as  early  as  may  be 
practicable,  the  evidence  necessary  to  repel  the  charges. 

1  am,  very  respectfully,  sir,  your  most  obedient  servant, 

(Signed)  SMITH  THOMPSON. 

Com.  DAVID  PORTER, 

Commanding  U.  S.  Naval  force,  West  Indies  and  Gulf  of  Mexico. 


507 

NOTE.  The  copies  referred  to  in  the  foregoing  letter,  consist,  1st,  of  a  letter 
from  Mr.  Anduagua,  dated  New  York,  March  7,  1823,  making  the  most  vehe- 
ment complaints  against  Captain  Cassin,  of  the  Peacock,  for  the  capture  of 
the  >pamsb  schooner  Carmen,  alias  Galliga  the  third:  and  charging  Captain, 

assin  with  the  most  outrageous  and   unjustifiable  violence  and  misconduct  to. 
**rds  the  Spanish  schooner  and  her  crew.  2dly,  of  the  declaration,  under  oath,  of 
s  Span.sh  Captain  and    Mate,  and  the  protest  of  the  Captain  and  crew  ;  set- 
ting  forth  the  acts  complained  of  by  Mr.  Anduagua. 

For  the  particulars,  reference  is  here  made  to  the  original  of  the  said  letter 
from  the  Secretary  of  the  Navy  to  Commodore  Porter,  and  the  documents  there- 
in referred  to  :  all  of  which  are  hereto  annexed. 


(Copy.)        [TRANSLATION.] 

Declaration  of  the  Captain  and  Mate  of  the  Carmen. 
At  New  Orleans,  the  30th  of  January,  1823,  presented  them- 
selves in  this  consulate  of  Spain,  Don  Jacinto  Correa,  and  Don  Ra- 
mon de  Echevavria,  the  former  Captain,  and  the  latter  mate  of  the 
Spanish  schooner  called  Carmen,  alias  Gallega  third,  which  on  her 
voyage  from  the  port  of  Sisal  to  that  of  Havana,  was  captured  on 
the  coast  of  that  Island,  off  the  port  of  Cabanos,by  the  United  Slates' 
Corvette  of  war  Peacock,  and  the  schooner  Louisiana,  also  of  war, 
of  the  United  States',  and  the  vessel  brought  to  this  port ;  and  the 
declarants,  with  the  rest  of  the  crew  of  the  same  vessel,  were  carri- 
ed to  Pensacola,  where  they  were  presented  as  pirates,  and  treated 
in  the  manner  which  they  have  expressed  in  the  protest  which  they 
have  exhibited,  and  of  which  a  copy  is  annexed,  and  having  made 
oath  to  God  and  the  Cross,  in  faith  of  which  they  promised  to  speak 
the  truth,  they  declared  that  besides  the  (acts  of  which  they  have 
made  mention  in  their  said  protest,  they  witnessed  the  capture  of 
other  Spanish  vessels,  whilst  they  were  prisoners  on  board  the  said 
Corvette,  in  the  following  manner.     On  the  night  of  the  29th,  30th, 
September  last,  they  saw  the  boats  of  the  said  Corvette  go  off  arm- 
ed, the  launch  with  a  9  to  12  pounder  carronade,  and  all  armed 
with  pistols  and  cutlasses,  and  with    marines  and  sailors,  and   by 
morning  they  returned  on  hoard  without  the  declarant?  having  seen 
any  prize  ;  on  the  following  night  the  armed  boats  again  went  away, 
during  which  time  they  heard  no  noise,  but  after  day  light  they  heard 
great  guns  on  shore,  or  in  the  river  Puereos,  and  afterwards  they 
•aw  brought  from  said  river,  in  the  course  of  that  day,  five  barge?, 
which  they  brought  with  a  red  flag  hoisted  under  the  American, 
aud  they  saw  taken  from  on  board  some  of  those  vessels  (they  were 
two  schooners)  about  a  hundred  bags  of  coffee,  which  they  brought 
on  board  the  Corvette,  and  another  schooner  marked  with  the  No. 
66  in  the  sail,  and  side  of  the  bow  ;  she  was  brought  along  side,  and 
they  took  from  her  wood  and  ropes,  of  which  was  all  her  cargo, 
and  after  they  despoiled  her  of  her  sails  and  running  rigging,  with 
some  useful  rope  and  an  old  fowling  piece,  they  afterwards  took  the 
mainmast  and  carried  it  on  board  the  Corvette ;  the  other  schooner 
appeared  entirely  loaded  with  part  of  the  cargo  over  the  covered 


508 

ftatches  with  ropes,  in  the  form  which  the  coasting  vessels  of  that 
Island  commonly  call,  hogsheads  of  sugar,  the  other  two  vessels  ap- 
peared also  loaded  and  marked  or  numbered,  but  they  did  not  ap- 
proach sufficiently  for  the  declarants  to  be  able  to  distinguish  the 
numbers,  or  to  form  a  judgment  of  the  nature  of  the  cargo  which 
they  carried  ;  besides  the  above  mentioned  five  vessels,  they  seem- 
ed to  set  another,  which  was  stranded,  on  fire,  as  they  heard  on  tbeir 
departure  from  the  said  river  of  Puereos.     They  also  saw  them 
take  on  board  the  Corvette,  house  furniture,  birds  of  various  kinds, 
such  as  turkies,  geese,  pigeons,  parrots,  &.c.  and  they  heard  two 
sailors,  who  spoke  Spanish,  say  that  they  had  gone  on  shore,  and  the 
people  had  abandoned  their  houses  and  every  thing  ;  the  three  ves- 
sels which  the  declarants  had  an  opportunity  of  seeing  near,  had 
not  any  armament,  at  least  they  were  certain  they  had  no  artillery  ; 
and  they  add  that  they  made  no  mention  of  these  captures  in  their 
said  protest,  as  being  taken  and  unjustly  prosecuted  as  pirate-  ;  they 
judged  that  they  should  confine  themselves  solely  to  their  case  and 
to  nothing  else.     Thus   they  have    declared  under  the   solemnity 
of  the  oath  which  they  have  made,  protesting  it  to  be  the  truth,  and 
that  it  does  not  proceed  from  malice,  and  they  sign  it  in  my  presence, 
on  the  said  day,  month,  and  year. 

JACINTO  CORREA. 
RAMEN  DE  ECHEVAVRIA. 
Before  me,  ANTOMO  ARGOTE  VILLALOBOZ. 
A  true  copy. 

[TRANSLATION.] 

Protest  of  the  Captain,  Officers  and  Crew,  of  the  Carmen. 

In  the  city  of  Pensacola,  on  the  27th  of  the  month  of  November, 
1822,  before  me,  Don  Jose"  E.  Caro,  Notary  Public  of  the  Terri- 
tory of  Florida,  and  County  of  Escambia,  appeared  in  my  office 
Don  Jacinto  Correa,  Captain  of  the  schooner  called  the  Carmen, 
alias  Gallega  the  third,  about  half  past  eleven  of  the  said  day,  and 
requested  that  he  might  note  his  protest,  to  verify  its  formality  in 
due  form,  in  its  proper  time,  and  in  evidence  thereof,  he  signed  it 
with  me,  the  said  Notary,  which  1  attest. 

JACINTO  CORREA — before  me,  JOSE  E.  CARRO. 

Recorded  in  book  A,  folio  2,  date  as  above,  one  dash. 

PROTEST. 

In  the  city  of  Pensacola,  on  the  29th  of  the  month  of  November, 
ef  the  year  1822,  before  me  Don  Jose"  Estevan  Caro,  Notary  Pub- 
lic of  this  city,  and  Territory  of  Florida,  and  County  of  Escambia, 
duly  authorized  and  received,  appeared  Don  Jacinto  Correa,  Cap- 
tain and  master  of  the  Spanish  Schooner,  named  the  Carmen,  alias 
Gallega  the  third,  whom  I  certify  and  know,  by  his  having  present- 
ed himself  to  me  in  the  morning  of  the  27th  of  the  current  month 


509 

aod  year,  about  half  past  eleven  of  the  said  day,  and  requested  t« 
note  the  protest,  which  he  now  makes  in  due  form,  and  in  virtue 
thereof  says  : — That  he  sailed  from  the  port  of  Havana  on  the  4th 
of  August,  of  the  current  year,  under  the  protection  of  His  Catho- 
lic Majesty's  schooner  brig  packet  the  Mexico,  and  verified  his  en- 
try in  the  port  of  San  Juan  de  Ulloa,  on  the  15th  of  the  same  month 
of  August,  with  a  cargo  of  candles  and  cloths,  and  sailed  from  that 
port  for  that  of  Campeachy  on  the  23d  of  the  same,  his  arrival  in 
which  he  verified  on  the  first  day  of  September,   of  the  current 
year,  and  sailed  for  that  of  Sisal  on  the  10th  of  said  month  of  Sep- 
tember, where  he  arrived  on  the  12th,  taking,  in  the  said  port,  the 
cargo  destined  for  said  vessel  by  means  of  Messrs.  Quijano,  Guz- 
man &  Sons — said  cargo  consisting  of  the  produce  of  that  province 
— such  as  sole-leather,  hung-beef,  dried  venison,  bags  of  quenique, 
cotton  wick,  barrels  of  tallow,  casks  of  the  same,  hides,  tierces  of 
garlic,  tierces  of  dry  fish,  and  hats  :  and  he  verified  his  sailing  on 
the  19th  of  said  month,  pursuing  his  voyage,  without  any  thing  new, 
until  the  27th,  when,  about  half  past  eleven,  he  saw  land,  and,  at 
twelve,  found  that  it  was  the  Pan  de  Guaigabon  ;  and  during  the 
whole  day  nothing  new  occurred.     At  sun-set,  he  sat  the  said  \ran  at 
S.  E.  by  compass,  without  any  fresh  occurrence,  and  went  on  with 
steady  winds — at  day-break  he  was  in  view  of  the  cottages,  and  set 
them  within  a  short  distance  at  S.  S.  E.     At  said  hour  he  saw  a  sail 
upon  the  bow,  and  in  a  short  time  it  came  upon  his  stern—where- 
fore he  suspected  it  to  be  an  enemy,  trying  to  do  what  it  eventually 
effected,  by  spreading  all  possible  sail,  and  in  a  short  time  fired  a 
gun  shotted,  and  at  the  same  time  displayed  the  Spanish  war  flag, 
discovering  that  the  chase  was  a  corvette,  which  had  fired,  and  was 
pursuing  in  chase,  continuing  the  firing.   At  this  time  he  saw  another 
sail  ahead,  and  a  little  afterwards  it  fired  a  gun,  and  displayed  the 
American  flag  ;  and  he  discovered,  at  the  same  time,  that  it  was  a 
schooner,  and  with  a  light  wind  from  S.  S.  E.  approached  him  with 
sails  and  oars,  and  fired  at  him  another  gun,  by  which  means,  being 
between  two  fires,  he  found  himself  under  the  absolute  necessity 
of  lying  to. 

In  a  few  minutes  a  boat  from  the  corvette  came  on  board  of  him, 
with  a  suitable  crew,  armed  with  cutlasses,  and  some  three  or  four 
officers,  to  whom  demanding  the  ,vessel's  papers,  he  immediately 
exhibited  them — namely,  the  Royal  Patent,  the  Roll  d'  equipage, 
the  ship's  Journal,  the  entry  of  the  cargo,  which  he  had  on  board, 
sealed,  as  usual,  and  which  they  then  took  away,  and  kept  in  their 
possession,  along  with  the  other  papers  which  he  had   exhibited, 
and  at  the  same  instant  they  ordered  the  hatches  to  be  opened, 
which  was  very  particularly  opposed,  and  upon  this,  the  second 
commander  of  the  said  corvette  Peacock,  (which   he  soon  under- 
stood was  her  name,)  threatened  him  by  telling  him  that  he  would 
divide  his  head  from  his  body  if  he  opposed  what  he  had  ordered, 
and  what  else  they  should  determine  ;  in  this  case  he  proposed  to 
protest  at  the  same  time,  but  he  was  not  permitted,  nor  was  his  en- 


510 

Ireaty  attended  to,  not  even  to  inform  him  of  the  name  of  the  cor- 
vette, or  of  her  commander. 

They  then  caused  him  to  embark  in  the  boat  with  the  steward  and 
the  cook,  leaving  the  hatches  open,  as  decided  owners  of  the  vessel 
and  cargo,  altho*  the  pilot  and  the  rest  of  the  crew  remained  on 
board — proceeding  to  the  examinations  which  they  judged  neces- 
sary, in  the  manner  which  best  suited  them. 

He  considered  by  the  return  of  the  boat,  which  had  brought 
him  to  the  schooner  already  mentioned,  that  it  was  no  longer 
under  his  authority  :  they  carried  to  the  corvette  the  Pilot 
and  the  rest  of  the  crew,  and  part  of  the  provisions,  having  previ- 
ously caused  the  pilot  to  deliver  to  one  of  the  officers  who  had 
come  from  the  corvette  Peacock  the  public  correspondence  of  the 
province  of  Yucatan,  from  whence  he  proceeded,  the  nautical  in- 
struments, and  other  letters  and  papers  of  the  greatest  value — not 
here  making  mention  of  the  clothes  and  money,  which  from  forget-* 
fulness,  and  the  precipitation  of  embarking,  and  being  conducted  on 
board  the  corvette  Peacock,  he  left  forgotten  on  board  the  said  ves- 
sel, making  in  the  whole  about  373  dollars,  of  which  sum  no  account 
has  been  made  by  the  officer  of  the  troop  of  that  vessel,  except  of 
39  dollars,  and  which  he  will  declare  at  a  more  fit  opportunity,  un- 
der due  oath. 

Being  a  pri«oner,  with  all  the  rest  of  his  crew  in  the  corvette 
Peacock,  he  begged  the  commander  of  the  said  corvette,  in  the 
name  of  the  whole  crew,  to  carry  them  to  Havana,  which  was  not 
permitted,  nor  his  solicitude  attended  to — he  himself,  as  well  as  the 
crew,  experiencing  from  that  time  rigours  not  seen  in  the  lawof  na- 
tions— having  manacles  put  upon  him,  as  also  upon  his  crew,  b^tng 
tre-ited  and  looked  upon  as  guilty  ot  the  greatest  crime  in  the  world, 
during  the  five  days  that  they  remained  in  th;it  vessel.  After  the 
five  days  mentioned,  he  was  conducted  with  the  crew  to  the  schoo- 
ner Louisiana,  and  the  commander  was  impressed  in  his  mind  with 
the  idea  that  three  individuals  of  the  crew  were  English,  and  that 
by  compulsion  they  might  be  made  to  speak  the  English  lan- 
guage, whilst  they  did  not  understand  one  word  of  such  lan- 
guage, and  under  this  suspicion,  he  threatened  them  with  the 
yard  arm,  from  whence  he  made  signs  that  he  would  hang 
them  if  they  did  not  comply  with  his  proposition.  Oo  that  day 
there  was  a  new  pillage  with  regard  to  him  and  the  crew,  when 
each  one  opened  his  trunk  on  board  the  corvette  Peacock,  yet  they 
appropriated  nothing  to  themselves  ;  but  from  the  schooner  Louisia- 
na the  said  trunks  came  into  their  power  in  Pensacola,  in  the  camp 
where  the  United  States'  troops  reside  ;  and  they  were  carried  pri- 
soners under  the  guard  of  said  vessel  Louisiana,  on  the  16th  of  Oc- 
tober, of  the  current  year  ;  and  his  trunk,  as  well  as  those  of  the 
rest,  were  brought  to  said  encampment  where  they  were  prisoners, 
and  were  delivered  to  them  empty  ;  observing  that  the  cabin  boy, 
nam"d  Jose  Silvestre,  of  an  Indian  nation,  taken  on  board  in  Sisal, 
remained  on  broard  the  corvette  Peacock  ;  and  27  dollars  which 


511 

were  delivered  to  the  second  in  command,  and  39  which  the  officer 
of  the  troops  declared  he  had  met  with  on  board  of  his  vessel  ;  and 
in  the  schooner  Louisiana  47  dollars,  and  seven  reals,  of  which  sums, 
as  yet,  he  had  taken  no  notice  ;  declaring  in  the  same  manner,  that 
when  the  Corvette  Peacock  fired  the  three  cannons,  she  raised  the 
Spanish  flag  of  war,  and  they  were  taken  under  the  same  ;  and  as 
soon  as  he  was  a  prisoner,  she  hoisted  the  war  flag  of  the  United 
States,  and  while  a  prisoner  in  said  encampment  with  the  rest  of  the 
crew  of  his  vessel,  whither  they  were  conducted  in  the  custody  of 
said  vessel,  the  Louisiana,  and  a  beginning  w as  made  to  their  justifi- 
cation against  the  crime  of  piracy,  charged  against  them.  The  said 
Captain  and  the  Pilot,  Dn.  Ramon  Echevria,  and  the  passenger, 
Dr.  Juan  Ferreria,  were  set  at  liberty  on  bail,  on  the  27th  day  of 
the  current  month  and  year,  still  leaving  the  rest  of  the  crew  cap- 
tives in  said  encampment,  adding  that  the  Spanish  inhabitants  of  this 
city,  condoling  with  the  said  situation  in  which  they  were,  had  co- 
vered their  nakedness,  and  for  as  much  as  at  no  time  could  there  be 
attributed  to  him  any  blame  in  a  similar  occurrence,  nor  was  he 
chargeable  with  it  in  way  or  manner  ;  he  protests  once,  twice,  and 
thrice,  and  as  often  as  the  law  permits  him  against  said  vessels  Lou- 
isiana and  Peacock  for  all  the  damages,  losses,  and  deteriorations 
which,  by  the  capture,  may  or  might  originate  to  the  said  Carmen, 
alias  Gallega  the  third  ;  and  for  proof,  presents  as  witnesses,  the 
pilot  Dn  Ramon  Echeveria;  the  boatswain,  Manuel  Agaio,  and  the 
sailors,  Vicente  Arias,  Manuel  Lopez,  Jose  Chanzino,  and  the  pas- 
senger, Dn.  Ferreria,  whose  oath  I  took  in  the  same  act ;  and  having 
read  to  them  the  present  protest,  which  the  said  Captain  was  re- 
solved to  verify,  they  declared  unanimously  and  together,  that  as 
far  as  the  said  Captain  had  explained  was  true  ;  the  Captain,  Boat- 
swain, Pilot  and  crew  signing  it :  in  faith  of  which,  I,  the  said  Nota- 
ry, sign  and  seal,  with  the  seal  of  my  office,  in  Pensacola,  the  pro- 
per day,  month  and  year,  which  I  attest. 

Jacinto  Correa,  Raman  de  Echevarria,  Manuel  Agacio,  Juaft 
Martin  Ferreria,  Vincente  Arias,  Manuel  Lopez,  Jose  Channe. 

Before  me,  JOSE  E.  CARO,  Notary  Public. 
[L.  S.) 

By  George  Walton,  Governor  of  the  Territory  of  Florida,  and 
county  of  Escambia. 

I  do  hereby  certify,  that  Joseph  E.  Caro,  Esquire,  whose  name 
is  subscribed  to  the  within  Instrument  of  Protest,  was,  at  the  time 
of  signing  the  same,  and  is  now  the  regularly  appointed  Notary  Pub- 
lic for  the  said  Territory  and  county  aforesaid,  and  that  full  faith 
and  credit  are  to  be  given  to  all  his  acts  and  doings  in  that  capacity. 

Given  under  my  hand,  and  private  seal,  (there  being  no  seal  of 
office)  at  Pensacola,  in  the  Territory  aforesaid  this  29th  day  of  No- 
vember, 1822,  and  of  the  Independence  of  the  United  States  the 
forty-sixth. 

(Signed)  GEORGE  WALTON, 

Secretary  and  Acting  Governor  of  the  Territory  of  Florida- 


512 

Recorded  in  book  A,  folio  2,  3,  4,  and  5,  of  the  book  intended  for 
that  purpose. 

Pensacola,  date  as  above,  Jose  E.  Caro,  Notary  Public. 

A  true  copy  of  the  protest  which   they  have  presented  to  me, 
and  I  return  to  the  interested. 

NEW  ORLEANS,  3rd  of  February,  1823. 

(Signed)  ANTONIO  ARGOTE  VILLALOBOS. 

A  true  copy. 


(Copy.)        [TRANSLATION.] 
Don  Joaquin  de  Anduaga  to  the  Secretary  of  State. 

NEW-YORK,  1th  March,  1823. 

SIR  :  I  have  the  honour  to  send  you  enclosed,  copies  of  the  pro- 
test made  in  Pensacola,  by  Don  Jacinto  Correa,  Captain  of  the 
Spanish  schooner,  called  the  Carmen,  Alias  Galliga  the  third,  and  of 
a  judical  declaration  made  by  the  same,  before  the  Consul  of  Spain 
in  New  Orleans. 

In  both  documents  are  set  forth  the  capture  of  the  said  schooner, 
by  the  United  States  ship  of  war  Peacock,  and  the  oppression  and 
robbery  committed  by  her  crew,  all  which  has  been  confirmed  to 
me,  by  the  Captain  General  of  the  Havana,  and  by  the  Consul  of 
Spain  in  New  Orleans.  As  the  circumstances  of  these  crimes  are 
expressed  in  the  enclosed  documents,  I  avoid  repeating  them  in  this 
note,  and  shall  rest  content  with  calling  your  attention  to  three  of 
the  principal,  which  are,  the  Peacock  having  made  the  capture  with 
the  Spanish  flag,  the  violation  of  the  public  correspondence  be- 
tween two  provinces  of  His  Catholic  Majesty,  and  the  malicious 
contrivance  of  Captain  Cassin,  in  sending  the  crew  of  the  Carmen 
to  Pensacola,  and  the  vessel  to  New  Orleans,  that  there  might  be 
no  one  to  defend  her  there.  Such  violations  of  all  public  law,  and 
such  refined  perfidy,  are  so  evident  and  odious,  that  I  think  it  un- 
necessary to  insist  upon  them,  since  it  would  be  doing  an  injury  to 
the  sense  and  justice  of  this  government.  Notwithstanding  the  in- 
sidious precaution  of  Captain  Cassin,  scarcely  had  the  courts  of 
Pensacola  and  New  Orleans  examined  the  case,  when  the  former 
declared  the  crew  innocent  and  set  them  at  liberty,  and  the  other 
ordered  the  restitution  of  the  vessel,  which  saves  me  the  trouble 
of  proving  the  illegality  of  the  capture  :  and  it  only  remains  with 
me  to  request,  that  the  President  would  be  pleased  to  order  satis- 
faction to  the  owners  of  the  schooner  Carmen,  for  the  losses  and 
damages  which  they  have  sustained,  and  that  the  money  and  effects 
of  which  they  have  been  plundered,  be  restored  to  the  crew.  This  it 
what  it  concerns  me  to  a?k  in  favour  of  said  individuals  :  but  the 
just  satisfaction  of  my  government,  the  assurance  in  future  of  due 
respect  to  the  Spanish  flag,  and  the  live?  and  property  of  Spanish 
citizens,  impose  upon  me  the  obligation  of  speaking  to  you  with 
that  frankness  which  ought  to  subsist  between  two  friendly  powers, 
and  whose  interest  it  is  to  maintain  the  greatest  harmony. 

The  injuries  done  by  this  country  to  His  Catholic  Majesty,  and  to 


513 

his  subjects,  are  not  confined  to  expeditions  of  individuals  for  the 
Conquest  of  his  provinces,  to  hostilities  under  the  insurgent  flag,  to 
building  armed  ships  for  the  enemies  of  Spain,  to  furnish  these  men 
with  munitions  of  war,  &c.  but  they  have  gone  to  attack  publicly 
the  vessels  of  Spain,  by  ships  of  war  of  the  United  States,  and  to 
trample  upon  Spanish  citizens  by  American  officers  ;  the  excess  be- 
ing carried  to  such  a  pitch,  that  His  Catholic  Majesty's  territory 
is  violated,  and  if  a  speedy  check  be  not  put  to  it,  the  Spanish  com- 
merce must  be  in  dread  of  the  ships  of  war  of  a  nation  which  is 
said  to  be  friendly,  as  it  would  be  of  another  with  which  it  was  in  a 
complete  state  of  rupture. 

The  violations  of  neutrality  and  of  friendship  between  two  na- 
tions, committed  by  individuals,  always  give  room  to  the  offended 
power  to  believe  that  they  have  tiken  place  without  the  knowledge, 
and  against  the  will,  of  the  government  of  the  aggressors,  and  that  it 
will  grant  a  competent  satisfaction  ;  but  when  this  is  not  only  re- 
fused, and  not  even  private  citizens,  but  the  ships  and  officers  of  that 
government  give  the  insult,  and  commit  hostilities  with  its  approba- 
tion, since  it  neither  puuishes  them  nor  prevents  them  from  contin- 
uingtheir  aggressions,  the  illusion  must  cease  ;  and,  alarmed  for  the 
intentions  of  said  government,  the  imperious  obligation  which  it  is 
under  of  protecting  its  subjects,  lays  it  under  the  necessity  of  de- 
manding a  frank  explanation  of  them,  and  indispensable  provisions 
for  the  putting  a  stop  to  the  scandal  of  acts,  which  continued,  could 
only  be  followed  by  consequences  which  His  Catholic  Majesty  has 
a  lively  desire  of  avoiding ;  it  being  his  most  sincere  wish  to  pre- 
serve inviolate  the  friendship  which  he  professes  towards  this  Re- 
public. 

Vain  have  been  my  repeated  remonstrances  to  obtain  satisfaction 
for  the  insult*  offered  to  my  government  and  fellow  oftizens  by  the 
American  officers  ;  and  if  in  the  courts  of  the  United  States,  the 
Spaniards  have  found  justice,  the  government  has  not  only  refused 
my  petitions,  but  has  not  even  given  an  answer  to  the  greater  part 
of  my  notes.  The  very  sentences  of  the  courts,  prove  the  justice 
of  my  complaints  against  the  said  officers  ;  and  when  it  is  seen  that 
this  government,  in  spite  of  these  complaints,  and  the  opinion  of 
the  most  eminent  and  just  judges  of  this  Republic,  refuses  to  his 
Catholic  Majesty  the  satisfaction  which  is  his  due,  does  not  answer 
the  representations  of  his  Minister,  and  continues  its  protection  and 
favour  to  the  officers  accused,  the  suspicion  is  allowed,  that  its 
friendly  sentiments  towards  Spain,  have  undergone  an  alteration. 
This  doubt  will  be  extremely  painful  to  His  Catholic  Majesty ; 
wherefore  I  spend  more  time  in  requesting  you  to  be  pleased  to 
clear  it  up  ;  and  this  can  be  done  in  no  other  way  than  by  giving  to 
His  Majesty  the  satisfaction  which  he  has  demanded  for  so  great 
injuries,  with  the  punishment  of  the  officers  who  have  committed 
them,  and  especially  of  Captain  Cassin,  and  giving  the  most  peremp' 

ry  orders  that  they  be  not  repeated. 

The  multiplied  proofs  of  friendship  which  His  Majesty  has  given 

65 


514 

to  this  Republic,  the  sacrifices  which  he  has  made  in  its  favour,  and 
the  utility  which  results  to  both  nations  in  the  continuance  of  a 
good  understanding  between  both,  are  to  me,  a  sure  guarantee 
that  the  President,  deigning  to  lake  into  consideration  the  important 
contents  of  this  note,  will  be  pleased  to  order  such  an  answer  to 
it,  as  will  at  once  dissipate  the  disagreeable  impressions  which  the 
acts  of  the  American  officers  have  made,  and  assure  His  Catholic 
Majesty,  that  his  desires  for  the  continuance  of  the  strictest  friend- 
ship with  this  Republic  will  be  fulfilled. 

I  repeat  my  devotion  to  you,  Sir,  and  pray  you  to  accept  the  as- 
surance of  my  high  consideration. 

(Signed,)  JOAQUIN  DE  ANDUAGA. 

DEPARTMENT  op  STATE,  1  August,  1825. 

I  have  compared  the  above  copy  with  my  original  translation,  and 
found  it  correct.    1  also  kuow  of  no  answer  having  been  given  to  it. 

GEORGE  C.  IRONSIDE, 

Clerk  and  t  ranslator  of  foreign  languages. 


NAV*  DEPARTMENT,  April  9th,  1823. 

SIR  :  The  enclosed  copies,  from  the  Spanish  Minister,  Joaquin  de 
Anduaga,  exhibit  very  strong  complaints  against  Capt.  Stephen  Ca«sin, 
Commander  of  the  U.  S.  Ship  Peacock,  which  will  render  his  re- 
turn to  the  United  States  necessary,  unless  he  can  meet  the  accusa- 
tions by  denial,  or  evidence,  so  as  to  enable  the  Secretary  of  State 
to  reply,  promptly,  to  the  Spanish  Minister  upon  the  several  grounds 
of  complaint. 

You  will,  therefore,  communicate  the  enclosed  to  Capt.  Cassin, 
and  either  order  him  home,  or  return  to  me,  as  early  as  may  be 
practicable,  the  evidence  necessary  to  repel  the  charges. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

SMITH  THOMPSON. 
Commre.  DAVID  PORTER, 

Comd'g  U.  S.  JYaval  force  West  Indies  and  Gulf  of  Mexico. 


• 


(A.) 
To  JAMES  BARRON,  Esq.  Captain  in  the  Navy  of  the  United  States : 

Certain  charges  of  misconduct  having  been  alleged  against  David 
Porter,  Esq.  a  Captain  in  the  Navy  of  the  United  States,  and 
•thers,  a  General  Court  Martial,  to  consist  of 

Capf.  JAMES  BARRON,  President. 
Capt'i.  THOMAS  TINGEY,  JESSE  D.  ELLIOTT, 

JAMES  BIDDLE,  JAMES  RENSHAW, 

CHARLES  G.  RIDGELV,  THOMAS  BROWN, 

ROBERT  T.  SPENCE,  CHA'S  C.  B.  THOMPSON, 

JOHN  DOWNES,  ALEX'R  S.  WADSWORTH,  and 

JOHN  D.  HENLEY,  GEORGE  W.  RODGERS,  Members. 

or  any  five,  or  more  of  them,  is  hereby  authorized  and  ordered 
to  assemble  at  the  United  States'  Navy  Yard,  in  Washington,  on 
Thursday  the  seventh  day  of  July  next,  for  the  trial  of  the  said 
Captain  David  Porter,  and  others,  for  the  offences  with  which  they 
do  severally  stand  charged  ;  which  charges,  together  with  the  tes- 
timony in  their  support,  will  be  laid  before  the  Court,  by  the- Judge 
Advocate. 

Richard  S.  Cose,  Esq.  is  hereby  appointed  Judge  Advocate,  to 
the  Court,  hereby  ordered  to  assemble  ;  and  if  he  should  decline 
acting,  the  said  Court  will  appoint  such  other  suitable  gentleman, 
learned  in  the  Law,  to  discharge  the  duties  of  Judge  Advocate  to 
the  said  Court,  as  they,  or  a  majority  of  them,  may,  in  their  wis- 
dom, deem  fit  and  proper. 

In  faith  of  which,  I  have  hereunto  signed  my  name,  and  affixed 

the  Seal  of  the  Navy   Department  of  the  United  States, 

[L.  S.]      this  twenty-third  day  of  June,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  twenty-five,  and  of  the  inde,- 

pendence  of  the  United  States  the  forty-ninth. 

SAM'L  L.  SOUTHARD. 


(B.) 

MR.  PRESIDENT  :  Thus  called  upon  to  declare  my  exceptions,  if 
any  I  have,  to  any  of  those  members  of  the  General  Court  Mar- 
tial, here  assembled,  who  are  to  exercise  a  judicative  function  in 
my  case,  and  to  have  a  voice  in  pronouncing  my  guilt  or  innocence 
— I  do,  without  hesitation,  renounce  every  such  exception.  Even 
if  it  were  so,  that  any  member  of  Ibis  Court  should,  unknown  to 
me,  be  affected  by  any  prejudice  or  bias,  unfavourable  to  an  impar- 
tial judgment  on  my  case,  f  rely  too  implicitly  on  the  known  char- 
acter of  my  brethren  in  arms,  to  think  of  scrutinizing  the  motives 
of  any  :  their  own  breasts  are  sufficiently  informed  by  justice  and 
honour,  of  the  proper  course  to  be  pursued  in  such  case. 

But,  sir,  I  do  find  myself  very  reluctantly  impelled,  not  more  by 


516 

a  sense  of  the  justice  due  to  myself,  than  by  a  regard  for  the  honour  of 
the  service,  and  for  the  wholesome  safeguards  of  military  jurispru- 
dence, to  interpose  at  this  precise  stage  of  the  business,  some 
fundamental  objections  to  so  much  of  the  essential  material  of  the 
Court,  as  consists  in  the  functions  of  the  Judge  Advocate. — 
The  grounds  of  my  exceptions  to  the  gentleman  named  as  Judge 
Advocate  in  the  order  for  convening  this  Court,  detract  no- 
thing from  the  great  learning  and  abilities  for  which  he  is  so  well 
known,  nor  from  the  general  integrity  and  fairness  of  his  character. 
That  a  juror  summoned  on  a  criminal  trial,  before  a  Court  of  ordi- 
nary judicature,  or  a  member  of  a  Court  Martial,  may  be  challenged 
either  peremptorily  or  for  cause,  without  the  least  disparagement  of 
bis  personal  or  professional  character,  is  too  well  established  to  re- 
quire a  contrary  inference  to  be  disclaimed,  on  any  occasion. 

My  exceptions  go  first  to  his  legal  competency  and  authority  to 
assume  and  exercise  the  functions  assigned  him  by  the  Secretary  of 
the  Navy  ;  and,  secondly,  if  he  should  be  found  duly  appointed,  to 
the  temper  and  bias  of  his  mind,  in  relation  to  this  particular  case. 

1.  Then,  I  ask,  does  he  claim  to  be  Judge  Advocate,  ex  officio, 
or  merely  to  officiate  as  such,  under  a  temporary  delegation  of  au- 
thority, for  this  particular  occasion  ?     If  the  first,  let  his  commis- 
sion be  produced,  and  the  question  on  this  point  is  at  once  settled. 
A  Judge  Advocate  is  an  officer  of  such  importance  in  every  military 
establishment,  whether  of  the  land  or  naval  service,  the  due  ad- 
ministration of   his   office  so   vitally  affects  the   most  inestimable 
rights  of  the  officers  and  men  attached  to  the  service,  as  makes  it 
altogether  inconceivable  how  his  appointment  should  emanate  from, 
any  less   authority,  or  be  manifested  by  any  less  solemn  act,  than 
that  of  any  other  officer,  civil   or  military,  under  the  Government. 
This  brings   us   directly  to  the  authority  of  the  President  of  the 
United  States,  executed  in  the  solemn  form  of  a  regular  commission. 
Under  the  constitution  and  laws  of  the  United  States,  it  cannot  be 
pretended  that  the  Secretary   of  the  Navy,  or  any  authority  less 
than  that  of  the  supreme  executive,  can  make  such  an  appointment. 
If,  however,  it  be  no  Judge  Advocate,  ex  officio,  who  presents  him- 
self,  but  merely  one   with  a  temporary  delegation  of  authority  to 
act  as  such  on  this  special  occasion,  then  I  ask  who  is  competent  to 
such  delegation  of  authority,    and  from  whom  does  it  actually  pro- 
ceed in  this  instance  ? 

No  express  provision  appears  to  have  been  made  in  the  naval, 
as  there  has  been  in  the  military,  establishment  for  the  appointment, 
either  of  regular  Judge  Advocate,  or  of  persons  specially  deputed 
to  act  as  such.  Yet  the  existence  of  the  office,  and  the  practical 
exercise  of  its  functions,  in  both  descriptions  of  persons,  are  recog- 
nized in  the  rules  and  regulations  for  the  government  of  the  Navy, 
which  speak  of  "  the  Judge  Advocate"  as  distinguished  from  the  "  per- 
son officiating  as  such  ;"  thus  implicitly  admitting  an  authority  some- 
where, to  appoint  to  the  office,  or  to  delegate  its  functions  in  either 
mode. 


311 

I  do  not,  therefore,  question  the  propriety  of  assigning1  the  func* 
tionsof  Judge  Advocate,  as  well  in  naval  as  in  military  Courts  Mar- 
tial, to  any  person,  either  regularly  appointed  to  the  office,  or  spe- 
.cially  deputed  to  officiate  as  such  in  a  particular  trial.  Then  the  on- 
ly question  is,  how,  and  by  whom  may  a  person  be  so  deputed  to  act 
in  the  place  of  an  official  Judge  Advocate,  to  a  naval  Court  Mar- 
tial ?  The  laws  of  the  United  States  being  silent  on  the  question, 
it  follows  that,  wherever  the  power  may  reside,  it  is  in  its  nature 
strictly  incidental ;  and,  as  such,  can  be  claimed  only  by  that  offi- 
cer, or  that  tribunal,  to  whose  fundamental  constitution  and  inherent 
powers,  it  bears  the  nearest  affinity,  and  the  strongest  analogy.  Up- 
on these  principles  I  maintain,  that  it  is  altogether  foreign  to  the 
general  constitution  and  powers  of  the  Navy  Department,  and  bears 
no  affinity  or  analogy  to  the  ordinary  functions  assigned  to  the  head 
of  that  Department ;  but,  on  the  contrary,  that  it  is  perfectly  con- 
sistent, and  in  strict  analogy  with  the  peculiar  constitution  and  pow- 
ers of  the  Court  Martial  itself;  and  devolves,  among  other  incidental 
and  resulting  powers  upon  that  tribunal,  as  the  appropriate  depository 
of  every  authority  necessary  to  the  orderly  progress,  and  the  due 
authentication  of  its  proceedings. 

Such  is  the  invariable  practice  of  Naval  Courts  Martial  in  Eng- 
land ;  and  it  is  sustained  by  the  most  authoritative  precedents  in, 
our  own  service.  I  refer  to  one  precedent,  now  in  my  mind — 
namely,  the  Court  of  Inquiry  on  Capt.  Hull,  and,  I  doubt  not,  many 
others  extant.  The  appointment  of  its  own  clerk,  (an  office  dis- 
tinctly appertaining  to  the  functions  of  Judge  Advocate,)  may  in- 
deed, be  assumed,  as  an  universal  incident  to  the  constitution  of 
every  deliberative  body  and  judicial  tribunal,  unless  vested  by  ex- 
press enactment  in  some  other  Department.  If,  then,  the  deputa- 
tion of  a  person  to  officiate  as  Judge  Advocate  in  this  case,  proceed 
from  the  sole  authority  of  the  Secretary  of  the  Navy,  (as  I  under- 
stand is  the  fact)  I  except  to  its  competency,  and  maintain  that  it 
should  be  supplied  by  an  appointment  from  this  Court. 

2.  But,  if  the  learned  gentleman,  named  by  the  Secretary  of  the 
Navy,  should  be  found,  on  examination,  to  be  duly  authorized,  in 
any  way,  to  officiate  as  Judge  Advocate,  I  except  to  him,  as  being 
actuated  bya  manifest  bias  of  prejudice  and  interest,  to  labour  for 
my  conviction  ;  and  to  exert  the  uttermost  of  his  ingenuity,  skill 
and  learning,  to  fix  upon  me  all,  or  the  greater  part  of  the  charges 
exhibited  against  me.  Before  I  state  more  particularly  the  facts, 
upon  which  this  exception  proceeds,  I  beg  leave  to  advert,  very 
cursorily,  to  the  qualifications  and  functions  of  a  Judge  Advocate, 
as  defined  by  the  concurring  authority  of  all  the  most  approved 
writers  on  military  jurisprudence,  (a)  According  to  these  authori- 
ties, he  is  the  primum  mobile,  as  it  has  been  termed,  of  the  Court 
upon  him,  the  Court  depends  for  an  impartial  and  candid  exposition 

(a)  1  McArthur,  (4th  Ed.  Lon.)  279,  291,441,  App.  No.  26  Judge  Batnurst's 
Opinion.      Adye  (7th  Ed.  Lon.)  113,   115,  118.      Macomb,  166,  167,  169, 


518 

•> 

of  the  law,  and  should  expect  to  lean  upon  his  advice,  with  entire 
confidence.  Not  only  is  the  absence  of  every  sort  and  degree  of 
prejudice  or  bias  against  the  prisoner,  indispensably  required  of 
him  ;  but  absolute  impartiality  is  the  least  favourable  state  of  mind 
requisite  to  fulfil  the  humane  behests  of  the  law,  by  which  his  rela- 
tive duties  towards  the  prisoner  are  defined  ;  for  it  is  expected  that 
he  rather  incline  to  the  side  of  the  prisoner,  and,  upon  all  doubtful 
questions,  decide  in  his  favour;  that,  as  the  recorder  of  the  evi- 
dence and  of  the  Court's  proceeding,  he  be  studious  to  collect  and 
record  every  circumstance  that  may  weigh  in  favour  of  the  prison- 
er— nay,  in  many  instances,  that  he  act  as  his  counsel.  This  last 
office,  1  happen  to  be  so  fortunately  situated,  as  to  be  able  to  dis- 
pense with.  But  cases  may  possibly  arise,  when  it  might  be  indis- 
pensable to  the  cause  of  justice  and  humanity  ;  and  I  am  now  con- 
tending upon  this,  as  upon  every  other  question  involved  in  my  ap-1 
preaching  trial,  for  principles  which  apart  from  their  practical  ope- 
ration upon  my  particular  interests,  are  important  to  the  dearest 
interests  of  the  service  ;  for  principles  in  the  subversion  or  con- 
tempt of  which,  no  officer  or  man  in  the  service  can  hold  any  secu- 
rity, for  life  or  honour,  inviolate. 

Then  the  Judge  Advocate,  as  acting  this  essential  and  prominent 
part  in  the  constitution  and  in  the  deliberations  of  a  Court  Martial, 
is  unquestionably  as  fair  a  subject  of  challenge,  whether  perempto- 
ry, or  for  cause,  as  any  other  member  of  the  Court.  The  reason 
and  necessity  of  the  thing  are  the  same;  the  law  cannot  be  dif- 
ferent. 

As  to  the  cause  of  challenge  :  I  might  well  maintain  upon  the. 
most  respectable  authority,  that  I  am  not  hound  to  assign  any  ;  but 
that  1  am  entitled  to  a  peremptory  challenge.  (6)  1  shall  proceed, 
however,  to  assign  my  reasons  openly  and  candidly  ;  with  this  pre- 
liminary illustration  of  the  principles  by  which  the  sufficiency  ot 
"  challenges  to  the  favour"  is  usually  determined — namely,  that 
circumstances  which  raise  a  suspicion,  very  far  short  of  any  direct 
proof  of  bias  or  partiality,  are  deemed  sufficient  cause,  either 
against  ajuror,  in  a  criminal  trial,  or  against  a  member  of  a  Court 
Martial  ;  a  strict  analogy  between  the  two,  being  preserved  in 
military  jurisprudence,  (c) 

When  the  functibns  and  relative  duties  of  a  Judge  Advocate  are 
considered,  'tis  not  to  be  imagined  that  any  lower  standard  can  be 
applied  to  the  qualification  of  dispassionate,  disinterested,  and  im- 
partial judgment  in  him  ;  if  indeed,  the  absolute  freedom  of  his  mind 
from  every  interfering  bias  and  passion,  be  not  subject  to  a  still  se- 
verer test. 

The  facts  upon  which  my  present  exceptions  are  grounded,  fur- 
nish superabundant  matter  for  the  application  of  these  wholesome 
and  necessary  rales.  I  have  direct  and  certain  information,  that 

(6)  A  dye  120— .3. 
' 


ibe  gentleman,  now  claiming  to  officiate  as  Judge  Advocate,  has 
written  and  published  at  least  one  anonymous  piece,  distinctly  as- 
serting the  truth  of  one  of  the  specifications,  now  exhibited  against 
me  ;  and  so  has  pledged  his  credit  in  a  way  utterly  incompatible 
with  requisite  impartiality,  to  fix  a  charge  upon  me,  which,  from  its 
nature,  may  result  in  a  question  of  veracity  between  himself  and 
me.  I  am  further  informed,  though  not  upon  such  direct  and  cer- 
tain authority  as  in  the  other  instance,  but  from  sources  pregnant  of 
probability  and  truth,  that  he  has  employed  himself  in  writing,  and 
has  quite  or  nearly  ready  prepared  for  the  press,  a  pamphlet  pro- 
fessing to  be  a  full  answer  to  my  published  defence  against  the  prin- 
cipal charge  now  to  be  tried  ;  and  labouring  to  establish,  by  facts 
and  reasonings,  the  conclusion  of  my  guilt. 

Of  these  facts,  I  doubt  not  of  being  able  to  produce  the  most, 
satisfactory  evidence  ;  if  the  voluntary  and  candid  avowal  of  the 
gentleman  himself  should  not  dispense  with  it. 

Then  I  would  ask,  what  is  left  for  him,  on  this  occasion,  but  to 
redeem  his  public  pledge,  and  to  vindicate  his  own  preconceived, 
divulged  and  fixed  opinion  of  my  guilt  ?  And  how  is  this  to  be  re- 
conciled with  any  of  the  legitimate  functions  of  a  Judge  Advocate  ; 

Thursday,  July  7,  1825. 


(C.) 

Charges  and  specifications  exhibited  against  David  Porter,  Esquire,  a 
Captain  in  the  Navy  of  the  United  States. 
CHARGE  FIRST. 

Disobedience  of  orders,  and  conduct  unbeboming  an  officer. 
Specification.  For  that  he,  the  said  David  Porter,  being  in  com- 
mand of  the  Naval  forces  of  the  United  States,  in  the  West  India 
Seas,  Gulf  of  Mexico,  &c.  did,  on  or  about  the  fourteenth  day  of 
November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty-four,  with  a  part  of  said  Naval  forces,  land  on  the  Island  of 
Porto  Rico,  in  the  dominions  of  his  Catholic  Majesty,  the  King  ot' 
Spain,  then,  and  still  in  amity  and  at  peace  with  the  United  States, 
in  a  forcible  and  hostile  manner,  and  in  military  array,  and  did. 
then  and  there,  commit  divers  acts  of  hostility  against  the  subjects, 
and  property  of  the  said  King  of  Spain,  in  contravention  of  the  con- 
stitution of  the  United  States,  and  of  the  Laws  of  Nations,  and  in  vio< 
lation  of  the  instructions  from  the  Government  of  the  United  State? 
to  him  the  said  David  Porter. 

CHARGE  SECOND. 

Insubordinate  conduct,  and  conduct  unbecoming  an  officer. 
Specification  1st.  For  that  he,  the  said  David  Porter,  did  write 
and  transmit  to  the  President  of  the  United  States,  a  letter  of  an  in- 
subordinate and  disrespectful  character  ;  to  wit,  on  the  seventeenth 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty  five,  and  did,  also,  write,  and  transmit  to  the  Secretary 
of  the  Navy,  at  sundry  times  hereinafter  particularly  mentioned. 


520 

various  letters  of  an  insubordinate  and  disrespectful  character,  viz. 
on  the  thirtieth  day  of  January,  the  sixteenth  day  of  March,  the 
thirteenth  day  of  April,  and  the  fourteenth  day  of  June,  all  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty  five,  there- 
by violating  the  respect  due  from  every  officer  in  the  Navy  to  the 
Head  of  the  Department,  impairing  the  discipline  of  the  service, 
and  setting  a  most  dangerous  and  pernicions  example. 

Specification  2nd.  For  that  he,  the  said  David  Porter,  after  a 
Court  of  Inquiry  had  been  convened,  and  directed  to  investigate, 
and  make  report  of  the  facts,  in  relation  to  the  matters  embraced  in 
the  specification  of  the  first  charge,  and  after  such  Court  had  termi- 
nated its  enquiries,  and  had  transmitted  its  report  to  the  Secretary 
of  the  Navy,  and  before  the  Executive  had  published,  or  authorized 
the  publication  of  the  proceedings  of  said  Court,  did  publish,  or 
cause  to  be  published,  a  pamphlet,  purporting  to  contain  the  pro- 
ceedings of  the  said  Court  of  Inquiry. 

Specification  3rd.  For  that  he,  the  said  David  Porter,  in  the 
publication  made,  as  mentioned  in  the  last  preceding  specification, 
did  give  an  incorrect  statement  of  the  proceedings  of  the  said  Court 
of  Inquiry. 

Specification  4th.  For  that  he,  the  said  David  Porter,  did,  in 
the  publication  referred  to  in  the  said  two  last  preceding  specifica- 
tions, insert  various  remarks,  statements,  and  insinuations,  not  war- 
ranted by  the  facts,  highly  disrespectful  to  the  Secretary  of  the  Na- 
vy, and  to  the  said  Court  of  Inquiry. 

Specification  5th.  For  that  he,  the  said  David  Porter,  did,  in  the 
same  publication,  referred  to  in  the  said  last  preceding  specifica- 
tions, without  any  authority,  or  permission  for  that  purpose,  make 
public,  official  communications  to  the  Government,  and  official  cor- 
respondence with  the  Government ;  and  has,  on  other  occasions, 
between  the  first  of  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  twenty-four,  and  the  fifteenth  day  of  June,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty-five,  with- 
out authority,  or  permission  therefor,  made  public,  orders  and  in- 
structions from  the  Government,  and  official  correspondence  with 
the  Government. 


(D.) 

NAVT  DEPARTMENT,  July  8/A,  1825. 

SIR  :  Your  letter  of  the  7th  instant,  stating  that  it  is  the  desire 
of  the  Court,  now  convened  at  the  United  States'  Navy  Yard, 
Washington,  to  remove  to  the  Marine  Barracks,  has  been  received. 
I  accede,  with  pleasure,  to  the  wish  expressed  by  the  Court ;  and 
you  are  hereby  authorized  to  have  the  future  Sessions  of  the  Court 
held  at  the  Marine  Barracks. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

SAM'L  L.  SOUTHARD. 

Capt.  JAMES  HARROW,  President  General  Court  Martial)  Present. 


(E.) 

^Original  charges  inclosed  in  the  Secretary  of  the  Navy's  letter,   dated  22nd 

June,  1«25.J 

Qiarges    and   specifications  exhibited    against   David  Porter,  Esq. 
a  Captain  in  the  Navy  of  the  United  States. 

CHARGE    FIRST. 

Disobedience  of  orders,  and  conduct  unbecoming  an  officer 

Specification.  For  that  he,  the  said  David  Porter,  being  in  command 
of  the  Naval  forces  of  the  United  States  in  the  West  India  seas, 
<*ulf  of  Mexico,  &c.  did,  on  or  about  the  fourteenth  day  of  No- 
vember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty-four,  with  a  part  of  said  Naval  forces,  land  on  the  Island  of 
Porto  Rico,  in  the  dominions  of  his  Catholic  Majesty,  the  King  of 
Spain,  then  and  still  in  amity,  and  at  peace  with  the  United  States, 
in  a  forcible  and  hostile  manner,  and  in  military  array  ;  and  did, 
then  and  there,  commit  divers  acts  of  hostility  against  the  subjects' 
and  property  of  the  said  King  of  Spain,  in  contravention  of  the 
Constitution  of  the  United  States,  and  of  the  laws  of  Nations,  and 
in  violation  of  the  instructions  from  the  government  of  the  United 
States,  to  him,  the  said  David  Porter. 

CHARGE    SECOND. 

Insubordinate  conduct,  and  conduct  unbecoming  an  officer. 

Specification  1st.  For  that  he,  the  said  David  Porter,  did  write 
and  transmit  to  the  President  of  the  United  States,  a  letter  of  an 
insubordinate  and  disrespectful  character  ;  to  wit,  on  the  seventeenth. 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty-five  ;  and  did  also  write,  and  transmit  to  the  Secretary  oi 
the  Navy,  at  sundry  times,  hereinafter  particularly  mentioned,  vari- 
ous letters  of  an  insubordinate  and  disrespectful  character,  viz  : 
on  the  thirtieth  day  of  January,  the  sixteenth  day  of  March,  the 
thirtieth  day  of  April,  and  the  fourteenth  day  of  June,  all  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty-five, 
thereby  violating  the  respect  due  from  every  officer  in  the  Navy  to 
the  Head  of  the  Department,  impairing  the  discipline  of  the  ser- 
vice, and  setting  a  most  dangerous  and  pernicious  example. 

Specification  2nd.  For  that  he,  the  said  David  Porter,  after  a 
Court  of  Inquiry  had  been  convened,  and  directed  to  investigate, 
and  make  report  of  the  facts  in  relation  to  the  matters  embraced  in 
the  specification  of  the  first  charge,  and  after  such  Court  hud  ter- 
minated its  inquiries,  and  had  transmitted  its  report  to  the  Secre- 
tary of  the  Navy,  and  before  the  Executive  had  published,  or  au- 
thorized the  publication  of  the  proceedings  of  said  Court,  did  pub- 
lish, or  cause  to  be  published,  a  pamphlet  purporting  to  contain 
the  proceedings  of  the  said  Court  of  Inquiry. 

Specification  3rd.  For  that  he,  the  said  David  Porter  in  the  pub- 
lication made,  as  mentioned  in  the  last  preceding  specification,  did 
66 


522 

give  an  incorrect  statement  of  the  proceedings  of  the  said  Court  of 
Inquiry. 

Specification  4th.  For  that  he,  the  said  David  Porter,  did,  in  the  pub- 
lication referred  to  in  the  two  last  preceding  Specifications,  insert 
various  remarks,  statements,  and  insinuations,  not  warranted  by 
the  facts,  highly  disrespectful  to  the  Secretary  of  the  Navy,  and  to 
the  said  Court  of  Inquiry. 

Specification  bth.  For  that  he,  the  said  David  Porter,  did,  in  the 
same  publication,  referred  to  in  the  said  last  preceding  specifica- 
tions, without  any  authority,  or  permission,  for  that  purpose,  make 
public,  official  communications  to  the  government,  and  official  cor- 
respondence with  the  government ;  and  has,  on  other  occasions, 
between  the  1st  of  October,  1824,  and  the  15th  June,  1825,  with- 
out authority,  or  permission  therefor,  made  public,  orders  and  in- 
structions from  the  government,  and  official  correspondence  with 
the  Government. 


ffO 

NAVY  DEPARTMENT,  22nd  June,  1825. 

SIR  :  I  enclose  to  you  the  charges  and  specifications,  upon  which 
you  will  be  tried,  before  a  Court  Martial,  which  will  be  convened 
on  the  seventh  day  of  July  next,  at  the  Navy  Yard  Washington,  and 
of  which  Captain  James  Barron  has  been  appointed  the  President. 
At  the  time  and  place  mentioned,  you  will  report  yourself  to  the 
Court  for  trial  upon  said  charges.  In  the  mean  time  you  will  be 
under  no  restraint  in  preparing  for  your  defence. 

On  the  receipt  of  this  letter,  you  will  consider  yourself  under  ar- 
rest. It  is  not  deemed  necessary  to  call  upon  you  to  surrender 
your  sword,  nor  to  assign  limits  to  you. 

I  am,  respectfully,  &c. 

SAML.  L.  SOUTHARD. 
CAPTAIN  DAVID  PORTER,  United  Stales  Nary,  Present. 


(G.) 

MR.  PRESIDENT  :  Before  I  can  be  called  upon,  either  to  plead 
or  to  except  to  any  charges  and  specifications,  'tis  necessary  that  it 
be  definitively  ascertained  what  are  the  charges  and  specifications 
which  I  am  expected  to  answer  ;  and,  strange  as  it  may  appear  at 
this  stage  of  the  prosecution,  nothing  is  more  uncertain. 

On  the  22d  day  of  June  la?t,  I  received,  enclosed  in  a  letter  from 
the  Secretary  of  the  Navy,  ordering  my  arrest,  and  notifying  me  of 
my  trial,  a  paper  purporting  to  contain  the  original  charges  and  spe- 
cifications exhibited  against  me.  'Tis  true,  the  paper  was  signed  by 
no  one,  and  bore  not  upon  its  face  any  form  of  authentication  what- 
ever ;  nor  did  it  name  or  refer  to  any  prosecutor,  informer,  or 
Judge  Advocate.  Still  the  official  source  from  which  it  proceeded, 
and  the  strictly  official  form  and  nature  of  the  communication  that 
accompanied  it,  and  identified  its  characler,  left  me  no  doubt,  and 
I  presume  now  admit  no  doubt,  of  the  authenticity  of  the  paper,  as 


523 

un  exhibition  of  the  original  charges  and  specifications  against  me'-, 
which,  as  such,  were  definitive  and  conclusive,  and  altogether  unal- 
terable, in  form  or  substance  ;  but  upon  the  proviso,  and  under  the 
circumstances  provided  in  the  38th  article  of  the  rules  and  regula- 
tions for  the  government  of  the  Navy  of  the  United  States. 

When  I  was  arraigned  before  this  Court  yesterday,  a  paper  was 
produced  and  read  by  the  Judge  Advocate,  purporting  and  profess- 
ing to  be  nothing  more  than  a  copy  of  the  original  charges  and  spe- 
cifications ;  meaning,  as  I  presumed,  of  the  same  exhibited  against 
me  at  the  time,  and  in  the  manner  before  mentioned.  But  what  was 
my  surprise,  on  a  comparison  of  the  two  papers,  to  fiiui  a  very  ma- 
terial variance  in  the  1st  specification  of  the  second  charge.  The 
"  various  letters  of  an  insubordinate  and  disrespectful  character," 
which  I  am  therein  charged  with  having  written  to  the  Secretary 
of  the  Navy,  are  no  otherwise  distinguished  or  identified,  than  by  a 
naked  reference  to  the  dates ; — neither  their  tenor  nor  their  sub- 
stance and  effect  is  set  out,  and  so  I  have  no  sort  of  notice  what  let- 
ters are  designated  as  of  that  character,  but  this  naked  reference 
to  dates.  Then  the  dates  are  of  the  essence  of  the  accusation.  I 
have  been  cited  here  to  answer,  and  have  come  prepared  to  answer 
for  those  designated  letters  and  no  others.  Let  the  dates  be  changed, 
and  the  substance  of  the  charge  is  changed  ;  in  so  ru-  as  I  am  called 
upon  to  answer  for  other  "  letters,  of  an  insubordiate  and  disrespectful 
character."  Now,  sir,  the  copy  of  the  original  charges  and  spe- 
cifications, produced  by  the  Judge  \dvocate,  on  my  arraign- 
ment yesterday,  specifies  and  complains,  in  the  first  specification  of 
the  second  charge,  of  such  a  letter  as  dated  on  the  thirteenth  day 
of  April,  in  the  year  1825  ;  whereas,  no  such  letter  is  any  where 
specified  or  referred  to  in  the  aforesaid  original  exhibition  of  charges 
and  specifications.  This  variance  is  manifest,  upon  a  comparison  of 
the  copy  produced  by  the  Judge  Advocate,  with  the  original,  which 
I  now  here  produce,  for  the  inspection  of  the  Court,  with  the  ori- 
ginal letter  that  accompanied  it. 

Universal  military  usage,  and  the  imperative  provisions  of  the 
afores.tiil  iJiJth  article  of  the  rules  and  regulations  for  the  govern- 
ment of  the  Navy,  decide  that  I  can  be  put  to  answer  nothing  be- 
yond the  tenor  of  the  charges  ;md  specifications  originally  exhibited 
against  me.  But,  in  this  particular  instance,  I  waive  the  objection,  re 
quiring  onlv  that  the  prosecutor  do  now  decide  or  declare  iA,is  election, 
to  abide  the  one  or  the  other  specification  of  the  letters  complained 
of,  or  to  adopt  both  if  he  please.  At  any  rate,  let  the  form  and  ex- 
tent of  the  charges  and  specifications  be  now  definitively  arranged^ 
and  conclusively  settled. 

This  point  being  settled,  I  shall  pray  the  leave  of  the  Court  to 
enter  my  plea  of  not  guilty  to  all,  and  singular  the  charges  and  spe- 
cifications, under  a  protest  against  their  sufficiency  :  and  reserving 
to  myself  the  right,  in  the  progress  of  the  trial,  and  in  due  time,  of 
excepting  to  the  said  charges  and  specifications,  as  designating  no 
offence,  known  to  any  law  enacted  for  the  government  of  the  Navy  : 


524 

as  vagne  and  indefinite,  and  altogether  insufficient  to  put  me  upon 
my  trial,  for  the  matters  therein  charged,  or  supposed  to  be  charg- 
ed.    That  these  points  may  be  submitted  in  a  way  to  admit  of  the. 
maturest  deliberation.     1  have  concluded,  if  it  be  the  pleasure  of 
the  Court,  to  suffer  the  trial  to  proceed,  for  the  present,  under  the 
general  issue,  and  to  submit  my  exceptions  to  the  charges  and  spe- 
cifications, or  such  of  them  as  I  shall  conclude  to  be  exceptionable, 
at  a  more  convenient  day. 
FRIDAY,  July  8th,  1825. 


(H.) 
GENERAL  INSTRUCTIONS. 

Having  been  appointed  to  the  command  of  the  Squadron,  fitted 
out  under  an  act  of  Congress,  of  the  20th  of  December  last,  to  cruise 
in  the  West  India  seas  and  Gulf'of  Mexico,  for  the  purpose  of  repress- 
ing piracy  and  affording  effectual  protection  to  tbe  citizens  and  com- 
merce of  the  United  States  ;  and  to  the  command  of  all  of  the  Unit- 
ed States  ships  and  vessels  of  war  in  the  West  Indies,  fitted  out  for 
the  aforesaid  objects  ;  and  for  the  suppression  of  the  slave  trade  ; 
it  becomes  my  duty  (in  order  that  a  perfect  understanding  may  be 
had  by  those  under  my  command,  of  the  extent  of  the  authorities 
to  be  exercised  by  them  in  case  of  separation,  or  in  case  of  being 
detached  on  special  service,)  to  point  out  briefly  to  them  the  con- 
duct to  be  pursued  under  particular  circumstances,  and  in  doing  so, 
shall  confine  myself  to  existing  laws  and  the  instructions  of  the  Hon. 
Secretary  of  the  Navy,  and  it  is  hoped,  that  in  no  case  those  orders 
will  be  exceeded,  without  my  sanction  first  being  obtained. 

First,  then,  with  regard  to  piracy.  On  this  subject  there  have 
been  three  several  acts:  that  of  March  3rd,  1819;  of  May  15tb, 
1820,  and  that  of  the  20th  of  December  last,  authorizing  the  addi- 
tional force  of  schooners,  &c.  &.c. 

The  2nd  section  of  the  act  of  March  3rd,  1819,  authorizes  to 
"subdue,  seize,  take,  and  send  into  any  port  of  the  United  States, 
any  armed  vessel  or  boat,  or  any  vessel  or  boat  the  crew  whereof 
shall  be  armed,  and  which  shall  have  attempted  or  committed  any  pi- 
ratical aggression,  search,  restraint,  depredation,  or  seizure  upon 
any  vessel  of  the  United  States,  or  of  the  citizens  thereof,  or  upon 
any  other  vessels. 

From  the  generality  of  this  latter  description  of  vessels,  it  would 
seem  to  embrace  those  of  every  nation  or  country  upon  which  any 
piratical  aggressions  may  have  been  committed.  Admitting  the  act 
might  be  extended  thus  far,  it  does  not  appear  to  be  the  general  ob- 
ject of  the  law  :  and  it  was  thought  by  the  President  most  advisable 
at  one  time,  not  to  give  it  a  like  indiscriminate  practical  construc- 
tion as  to  all  vessels. 

The  great  object  as  pointed  out  in  the  first  section  of  the  act,  was 

to  protect  the  merchant  vessels  of  the  United  States  from  piratical 

^aggressions.     This  will,  therefore,  be  considered  a  particular  and 

special  duty ; — if,  however,  there  should  be  discovered  depreda- 


525 

uons  on  other  vessels,  committed  under  such  gross  and  aggravated 
circumstance*  as  to  leave  little  doubt  of  their  piratical  character, 
it  will  be  agduty  then  to  capture  and  bring  in  the  aggressors.  It  is 
thought  most  advisable  thus  to  distinguish  in  these  instructions,  be- 
cause, among  other  considerations  it  will  be  seen  that,  under  the  se- 
cond section  of  the  act,  authority  is  only  given  to  retake  vessels  of 
the  United  States  or  its  citizens,  which  may  have  been  unlawfully 
captured  on  the  high  seas  ;  no  positive  authority  is  given  by  it  to 
retake  the  vessels  of  any  foreign  nation  or  country. 

It  will  also  be  perceived,  that  under  this  2nd  section  of  the  act, 
authority  is  only  given  to  "  subdue,  seize,  and  take"  such  vessels 
or  boats,  &c.  &c.  as  shall  have  attempted  or  committed  some  pirati- 
cal aggression.  Whatever  well  grounded  suspicions  may  be  en- 
tertained that  a  vessel  may  have  been  fitted  out,  and  is  intended  to 
be  employed  in  such  depredations,  the  act  does  not  authorize  her 
molestation,  unless  there  is  satisfactory  evidence  that  she  has  either 
attempted,  or  actually  committed,  some  piratical  aggression,  on  some 
merchant  vessel  of  the  United  States  or  her  crew;  or  upon  some 
other  vessel  under  the  special  circumstances  above  mentioned. 

This,  by  this  act,  must  be  considered  an  important  and  leading  re- 
gulation, as  it  will  be  a  strong  and  almost  controlling  circumstance, 
(considering  we  are  at  peace  with  all  the  world,)  in  making  up  a 
judgment  whether  it  would  be  safe  and  justifiable  to  treat  them  as 
pirates. 

Whenever,  therefore,  boats  or  vessels  shall  be  found,  the  crews 
whereof  have  committed  any  actual  violence,  outrage,  or  depreda- 
tion, upon  any  vessels  of  the  United  States  or  citizens  thereof,  or 
any  other  vessel  as  above  mentioned,  it  is  to  be  sufficient  to  au- 
thorize their  being  "  subdued,  seized,  and  taken,"  and  unless  it 
should  satisfactorily  appear  that  they  were  acting  under  some  law- 
ful authority,  and  notpiratically,  they  are  to  be  sent  in  for  adjudica- 
tion. 

The  act  of  May  15th,  1820,  continues  in  force  the  act  of  March 
3rd,  1819  ;  and  makes  farther  provision  for  punishing  the  crime  of 
piracy.  The  3rd  section  of  this  act,  declared  as  pirates  "  any  per- 
son, who  shall,  upon  the  high  seas,  or  in  any  open  road-stead,  or 
in  any  haven,  basin,  or  bay,  or  in  any  river  where  the  sea  ebbs  and 
flows,  commit  the  crime  of  robbery  in,  or  upon  any  ship  or  vessel, 
or  upon  any  of  the  ships  company  of  any  ship  or  vessel,  or  the  lad- 
ing thereof:  such  person  shall  be  adjudged  to  be  a  pirate,"  and 
the  penalty  death,  on  conviction  before  the  Circuit  Court  of  the 
United  States. 

The  fourth  and  fifth  section  makes  it  piracy,  for  any  citizen  of 
the  United  States  to  be  engaged  in  the  slave  trade,  and  the  penalty, 
on  conviction  before  the  Circuit  Court  of  the  United  States,  death. 
This  Act  is  more  extended  than  the  former,  in  its  definition  of  the 
net  of  piracy,  but  in  no  part,  (except  in  continuing  in  force  the 
former  law)  authorizes  capture  by  the  armed  vessels  of  the  United 
States.  The  high  and  delicate  power  therefore  vested  in  the  Prc- 


.126 

sident  by  the  Act  of  March  3d,  which  authorizes  and  requests  hicu 
lo  employ  so  many  of  the  public  armed  vessels,  as  in  his  judgment, 
the  service  may  require,  with  suitable  instructions  to  tbjp  comman- 
ders thereof,  in  protecting  the  merchant  vessels  of  the  United 
States,  and  their  crews,  from  piratical  aggressions  and  depredations, 
has  been  resorted  to  and  exercised,  for  the  purpose  of  more  clear- 
ly defining  the  duties  to  be  performed. 

The  trust  reposed  in  me,  is  one  of  a  peculiarly  delicate  charac- 
ter, for  while  it  is  made  my  duty  to  protect  our  commerce  against 
all  unlawful  interruptions,  and  to  guard  the  rights  both  of  person 
anil  property  of  the  citizens  of  the  United  States,  whenever  it 
shall  become  necessary,  it  is  enjoined  on  me  not  to  encroach  on 
the  rights  of  others  ;  and  whatever  discussion  or  collision  1  may 
have  with  any  foreign  power,  in  relation  to  such  rights,  I  am 
bound  to  conduct  it  with  a*  much  moderation  and  forbearance  as  is 
consistent  with  the  honour  cf  my  country,  and  the  just  claims  of 
its  citizens. 

The  system  of  piracy,  from  whatever  cause  it  may  have  origina- 
ted, is  of  considerable  extent,  and  from  the  sparse  population  of  the 
Spanish  Inlands,  which  cannot  enforce  the  authority  of  the  govern- 
ment, establishments  have  been  u.ade  by  parties  of  those  banditti 
in  the  uninhabited  parts,  to  which  they  carry  their  plunder,  and  re- 
treat in  time  of  danger.  It  c;mnot  be  presumed,  that  the  govern- 
ment of  any  island  will  afford  any  protection  or  countenance  to  such 
robbers.  It  may,  on  the  contrary,  confidently  be  believed,  that 
all  governments,  »nd  particularly  those  most  exposed,  will  afford 
all  means  in  their  power,  lor  their  suppression. 

Pirates  are  considered  by  the  laws  of  nations,  the  enemies  of 
the  human  race.  It  is  the  duty  of  all  nations  to  put  them  down, 
and  none  who  respect  their  own  character,  or  interest,  will  refuse 
to  do  iu  much  less  afford  them  an  asylum  and  protection. 

The  nation  that  makes  the  gre;rtest  exertions  to  suppress  such 
banditti,  has  the  greatest  merit.  In  making  such  exertions,  it  has  a 
right  to  (he  aid  of  every  other  power  to  the  extent  of  its  means, 
and  to  the  enjoyment  under  its  sanction,  of  all  its  rights,  in  the  pur- 
suit of  the  object 

In  the  case  of  belligerents,  when  the  army  of  one  party  enters 
the  territory  of  a  neutral  power,  the  army  of  the  other  has  a 
right  to  follow  it  there.  In  the  case  of  pirates,  the  right  of  the 
armed  force  of  one  power  to  follow  them  into  the  territory  of  ano- 
ther, js  more  complete.  In  regard  to  pirates,  there  is  no  neutral 
p;irty,  they  being  the  enemies  of  the  hutnan  race,  all  nations  nre 
parties  against  them,  and  may  be  considered  as  allies.  The  object 
and  intention  of  our  government  is  to  respect  the  feelings  as  well  as 
the  rights,  of  others,  both  in  substance  and  in  form,  in  all  the  measures 
which  may  be  adopted,  to  accomplish  the  end  in  view.  Should, 
•therefore,  the  cre\\s  of  any  vessels  seen  engaged  in  any  acts  of 
pir.icy,  or  which  there  is  just  cause  to  suspect  of  being  of  that 
character1,  retreat  into  the  ports,  harbours,  or  unsettled  parts  ot 


527 

the  islands  ;  they  may  be  pursued  into  such  ports,  harbours,  and 
unsettled  parts  of  the  country,  for  the  purpose  of  aiding  the  local 
authorities  or  people,  as  the  case  may  be,  to  seize  and  bring  the 
offenders  to  justice  ;  previous  notice  being  given  that  this  is  the 
sole  object.  When  a  government  exists  and  is  felt,  the  local 
authorities  must,  in  all  instances,  be  respected,  and  every  act  must 
be  in  aid  of,  and  in  co-operation  with  them  ;  it  being  the  exclusive 
purpose  of  the  government  of  the  United  States,  to  suppress  pira- 
cy, an  object  in  which  all  nations  are  equally  interested,  and  in  the 
accomplishment  of  which,  the  Spanish  authorities  and  people  will, 
it  is  presumed,  cordially  co-operate  with  us. 

If,  in  the  pursuit  of  pirates,  found  at  sea,  they  shall  retreat  into 
the  unsettled  parts  of  the  islands  or  foreign  territory,  liberty  is 
given  to  pursue  them,  so  long  only  as  there  is  reasonable  prospect 
of  being  able  to  apprehend  them ;  and  in  no  case  are  we  at  liberty 
to  pursue  and  apprehend  any  one,  after  having  been  forbidden  sa 
to  do  by  competent  authority  of  the  local  government ;  and  if  any 
such  pirate  should  be  apprehended  on  land,  they  are  to  be  deliver- 
ed over  to  the  proper  authorities,  to  be  dealt  with  according  to  law, 
and  all  the  evidence  that  can  be  furnished,  is  to  be  given  in  proof 
of  the  offence  alleged  against  them.  Should  the  local  authorities 
refuse  to  receive  and  prosecute  such  persons  so  apprehended,  on 
reasonable  evidence  being  furnished  them  of  their  guilt,  they  are 
then  to  be  kept  safely  and  securely,  until  information  on  the  subject 
can  be  communicated  to  me. 

Gre^at  complaints  have  been  made  to  the  government,  of  the  in- 
terruption and  injury  to  our  commerce,  by  privateers  fitted  out 
from  Spanish  ports.  Great  discretion  is  required  in  giving  to  our 
vessels  the  necessary  protection  against  their  aggressors,  without 
infringing  on  the  rights  of  the  belligerent.  We  know  not  how  far 
they  have  been  authorized  and  instructed  to  intercept  our  trade 
with  Mexico  and  the  Colombian  Republic  ;  but  according  to  the 
well  settled  rule  of  the  laws  of  nations,  the  United  States  will  not 
consider  any  portion  of  the  coast  upon  the  Gulf  of  Mexico,  as  le- 
gally blockaded,  except  where  a  naval  force  is  stationed,  sufficient 
to  carry  into  effect  the  blockading  order  or  decree.  And  our  Gov- 
ernment, does  not  recognize  the  right  or  authority  of  Spain,  to  in- 
terdict or  interrupt  our  commerce,  with  any  portion  of  the  coast, 
included  within  the  Colombian  Republic  and  Mexican  Government, 
not  actually  blockaded  by  a  competent  force. 

Hence  it  is  but  reasonable  to  infer,  that  to  arrest  our  vessels  em- 
ployed in  lawful  trade,  from  the  fangs  of  the  numerous  privateers 
which  have  lately  been  fitted  out  from  Porto  Rico,  and  to  "  subdue, 
seize,  take,  and  send  into  any  port "  those  depredators  on  our  com- 
merce, would  be  right  and  proper  ;  but  in  doing  this,  great  discre- 
tion and  prudence  must  be  exercised,  and  the  fact  must  be  clearly 
ascertained,  that  they  come  within  the  provisions  of  the  second 
section  of  the  Act  of  March  3rd,  1819. 

Bv   recent  decisions  of  oar  Courts,    and  officers  competent  to 


judge  ;  and  by  the  wording;  of  the  5th  section  of  the  Act  6f  March 
3rd,  1819,  it  would  appear  that  piracy  may  be  committed  by  ves- 
sels legally  authorized  to  cruize,  and  engaged  in  mercantile  pur- 
suits ;  and  that  the  persons  alone  committing;  the  act,  are  responsi- 
ble for  the  same  ;  I  all'ide  particularly  to  the  Panchitta,  sent  in  by 
the  Grampus,  some  of  the  crew  of  which,  were  imprisoned,  to 
be  tried  for  piracy,  and  the  vessel  liberated,  by  decision  of  the 
Judge  :  And  to  the  Nympha  Catalina,  sent  in  by  the  Spark,  for 
an  act  of  piracy,  on  a  former  voyage.  The  vessel  and  cargo,  im- 
mediately on  her  arrival  in  the  United  States,  were  restored  to  the 
owners  ;  part  of  her  crew  liberated,  and  those  who  committed  the 
act,  only  confined  for  trial.  I  might  cite  other  cases  to  justify  the 
opinion  I  entertain,  as  to  the  course  proper  to  be  pursued,  to  effect 
the  object  of  our  expedition  with  the  least  possible  injury  to  those 
not  implicated  in  the  crime  ;  but  these  will  suffice. 

In  the  first  case  cited,  the  decision  of  the  Judge  justified  the 
sonduct  of  the  capturing  officer,  and  in  the  other  case,  the  law 
would  seem  equally  to  authorize  her  being  "  subdued,  seized, 
taken,"  &c. 

The  language  of  the  fifth  section  of  the  law,  as  above  cited,  is 
as  follows  :  "  And  be  its  further  enacted,  that  if  any  person  what- 
soever, shall,  on  the  high  seas,  commit  the  crime  of  piracy,  as  de- 
fined by  the  laws  of  nations,  such  offenders  shall  afterwards  be 
found,  and  be  brought  into  the  United  States,  any  such  offender  or 
offenders,  shall,  on  conviction  thereof,  before  the  Circuit  Court  of 
the  United  States,  for  the  district  into  which  he  or  they  may  be 
brought,  or  in  which  he  or  they  shall  be  found,  be  punished  with 
death. 

But  it  does  not  appear  to  me  to  be  necessary,  in  order  to  the 
attainment  of  justice,  that  the  innocent  should  suffer  for  the  guilty. 
If  the  ship  is  not  answerable  for  the  acts  of  the  crew,  there  can  be 
no  necessity  or  propriety  in  sending  in  the  ship  for  adjudication,  be- 
cause by  so  doing,  injury  is  brought  on  the  owners,  the  innocent 
party  ;  and  to  us  they  look  for  indemnity,  who  have  no  other  ap- 
peal than  to  the  liberality  of  our  country. 

But  piracy  must  be  punished,  and  we  are  bound  by  the  second 
section  of  the  Act  of  March  3rd,  1819,  to  "subdue,  seize,  and 
take"  all  vessel.*,  which  commit  it.  And  after  we  have  done  so, 
and  it  is  found  that  the  vessel  committing  the  act,  is  a  legally  au- 
thorized cruiser,  the  most  that  it  would  seem  proper  to  do  on  the 
occasion,  would  be  to  take  from  on  board  her  the  persons  commit- 
ting the  act,  arid  to  send  them  to  the  United  States,  for  trial. 

For  the  same  principle  that  would  justify  their  capture  on  land, 
will  apply  with  equal  propriety  to  their  seizure  on  board  ships  on 
the  ocean,  and  perhaps  if  any  competent  authority  should  be  near 
at  hand,  it  would  be  equally  proper  to  deliver  them  up  to  it  with 
proofs  of  their  guilt,  on  a  pledge  that  they  shid!  be  brought  to  trial; 
but  on  a  refusal  to  give  such  pledge,  they  must  be  reported  f 
with  as  little  delay  as  possible. 


529 

The  next  subject  to  which  attention  is  to  be  directed,  is  the  sup- 
pression of  the  Slave  Trade  ;  and  it  is  expected  that  the  utmost  vi- 
gilance shall  be  exercised,  in  order  that  this  inhuman  practice  may 
be  put  down.  By  the  Act  of  the  20th  of  April,  1818,  it  is  made 
unlawful  to  import  or  bring,  in  any  manner  whatsoever,  into  the 
United  States,  or  the  Territory  thereof,  from  any  foreign  place, 
any  person  of  colour,  with  intent  to  hold,  sell,  or  dispose  of  such 
person  as  a  slave,  or  to  be  held  to  service. 

By  this  Act  it  is  also  made  unlawful  for  any  citizen  of  the  United 
States,  or  other  person,  to  build,  equip,  load,  fit,  or  otherwise  pre- 
pare, any  ship  or  vessel,  in  any  port  or  place  within  the  jurisdic- 
tion of  the  United  States,  or  to  cause  any  ship  or  vessel  to  sail  from 
any  port  or  place  whatsoever,  within  the  jurisdiction  of  the  United 
States,  for  the  purpose  of  procuring  and  transporting  any  such 
slaves  to  any  port  or  place  whatever  :  and  any  ship  or  vessel  em- 
ployed in  such  importation  of  slaves,  or  so  built  or  fitted  out,  or  pre- 
pared, is  liable  to  be  seized  and  forfeited. 

And  by  Act  the  3d  of  March,  1819,  the  President  is  authorized 
to  employ  any  of  the  armed  vessels  of  the  United  States  to  cruise  in 
such  places  as  he  may  think  proper,  where  he  may  judge  attempts 
may  be  n.ade  to  carry  on  the  slave  trade  by  citizens  of  the  United 
States,  or  residents  thereof,  in  contravention  of  the  Acts  of  Con- 
gress prohibiting  the  same,  and  to  instruct  such  armed  vessels  to 
seize,  take,  and  bring,  into  any  port  of  the  United  States,  to  be  pro- 
ceeded against  according  to  law,  all  ships  or  vessels  of  the  United 
States,  wheresoever  found,  or  which  may  be  intended  for  the  pur- 
pose of  taking  on  board  or  of  transporting,  or  may  have  transport- 
ed any  person  of  colour,  in  violation  of  any  provisions  of  the  Act  of 
the  20th  of  April,  1818,  above  referred  to,  or  in  violation  of  any 
other  act  or  acts  prohibiting  the  traffic  in  slaves. 

From  the  generality  of  the  provisions  of  the  slave  acts,  authority 
is  given  to  take  and  bring  into  port  all  vessels  of  the  United  States 
which  may  have  been  in  any  manner  employed,  or  intended  to  be 
employed,  in  the  slave  trade,  or  any  other  vessel  which  may  be 
employed  in  the  importation  of  slaves  into  the  United  States. 

It  will  be  observed  that  the  first  provision  applies  only  to  vessels 
of  the  United  States,  the  second  applied  to  vessels  of  every  nation. 
The  rest  of  the  laws  go  to  explain  the  manner  of  disposing  of  the 
slaves  and  persons  taken  in  the  trade  ;  prescribe  the  punishment  to 
the  offenders,  and  the  bounty  to  the  captors. 

It  will  be  sufficient,  therefore,  that  the  capture  should  be  made 
Tinder  the  foregoing  circumstances,  and  that  reference  should  be  had 
to  me  for  instructions  as  to  the  disposal  of  the  vessels,  slaves  and 
offenders,  and  to  the  laws  for  a  final  decision. 

There  is  one  thing  that  must  be  particularly  observed  ;  it  is  not 
to  be  considered  in  these  general  instructions  for  the  suppression  of 
the  slave  trade,  that  authority  is  given  at  any  place  out  of  the  waters 
of  the  United  States,  to  search,  capture,  or  in  any  manner  whatever 
1o  interrupt  vessels  under  any  other  than  the  American  flag. 
67 


530 

As  regards  the  re-capture  of  vessels  which  mdy  be  found  »n  the 
hands  of  the  pirates,  and  not  belonging  to  the  United  States  ;  al- 
though there  are  no  laws  which  authorize  our  rescuing  them  from 
the  fangs  of  those  monsters  ;  aud  although  the  President  has  given 
no  positive  instructions  on  this  head  ;  still,  as  humanity  obviously 
calls  on  us  to  exercise  the  power,  having  the  means  in  our  hands  3 
as  it  is  a  duty  implied  by  instructions  subsequently  given  me  by  the 
measures  adopted  for  the  suppression  of  piracy,  and  as  it  is  enjoin- 
ed on  me  by  the  government  to  harmonize  and  co-operate  with  the 
forces  of  any  other  power  engaged  in  the  same  pursuit  with  our- 
selves, thereby  shewing  a  common  interest,  I  will  take  on  myself 
to  supply  the  omission,  (as  it  certainly  is  one,)  by  authorizing  the 
act  whenever  it  may  become  necessary. 

All  vessels,  therefore,  of  any  nation  whatever,  found  in  the  pos- 
session of  pirates,  may  be  taken  from  them  as  though  they  belonged 
to  the  United  States,  and  as  though  their  recapture  was  provided 
for  by  the  laws  for  the  suppression  of  piracy,  and  by  the  most  posi- 
tive instructions  of  the  Government. 

Those  instructions,  although  swelled  to  an  unusual  length,  are 
rendered  as  concise  as  the  subject  would  admit  of,  to  enable  me  to 
inform  you  fully  as  to  the  views  of  the  Government.  We  have  a 
very  delicate  duty  to  perform — and  with  full  confidence  in  the  dis- 
cretion of  those  1  have  the  honour  to  command,  I  hope  it  may  be 
fulfilled  to  the  satisfaction  of  our  country,  to  our  own  honour,  and 
to  the  honour  and  general  interests  of  the  Navy. 

ID  time  of  actual  warfare  between  nations,  there  can  be  no  diffi- 
culty in  discriminating  between  right  and  wrong  ;  but  the  service 
on  which  we  are  engaged,  requires  the  exercise  of  our  soundest 
judgment,  and  in  proportion  to  the  difficulty  of  discriminating,  will 
be  the  merit  of  doing  what  is  proper. 

The  eyes  of  the  world  are  on  us,  and  while  we  must  not  fail  ia, 
energy,  we  must  not  want  in  circumspection. 

D.  PORTER, 

U.  S.  SHIP  JOHN  ADAMS,  Norfolk,  Jan.  28(h,  1824. 


(10 

The  counsel  of  Commodore  Porter  suggests  that  the  second 
charge,  and  what  purport  to  be  the  five  specifications  of  the  facts 
and  circumstances,  intended  to  be  proved  in  support  of  such  charge, 
are  altogether  insufficient  to  put  the  accused  to  answer,  or  to  give 
this  Court  jurisdiction  to  try  any  matter  therein  alleged. 

The  following  objections  to  the  same  are  deemed  unanswerable 
and  fatal. 

1.  The  principal  charge  itself  describes  no  offence,  within  the 
terms  of  any  of  the  Naval  articles  of  war,  by  which  all  the  militarjr 
crimes  and  punishments,  affecting  officers  of  the  Navy,  are  enumer- 
ated and  defined  :  and  is  altogether  vague  and  uncertain,  as  to  the 
nature  and  degree  of  the  offence  intended  to  be  charged. 


531 

2.  The  specifications  are  not  conceived  in  terms,  any  more  ap* 
propriate  or  precise,  to  constitute  any  offence  known  to  the  Naval 
code,  established  by  such  articles. 

3.  Even  if  any  such  offence  could  be  inferred,  either  substantially, 
from  the  charge  itself,  or  from  the  charge  and  specifications,  collec- 
tively, still  the  specifications  are  altogether  vague,  indefinite,  and 
uncertain,   as  to  the  facts,  circumstances  and  criminal  intents,  to 
be  adduced  and  proved  in  support  of  the  principal  charge. 

4.  The  specifications  do  not  follow  and  support,  but  are  a  depar- 
ture from  the  gravamen  of  the  principal  charge  :  and  (if  conceived 
in  terms  tending  to  any  sensible   and  legal  conclusion)  constitute 
separate  and  distinct  charges;  not  necessarily  comprehended  in  the 
terms  of  the  principal  charge. 

If  the  learned  Judge  Advocate  should  conceive  that  this  charge, 
and  the  several  specifications  of  the  same,  are  susceptible  of  being 
justified  and  supported,  the  counsel  of  Commodore  Porter  would 
very  respectfully  ask  for  an  opportunity  to  corroborate  his  objec- 
tions by  authority  :  and  to  reply  to  any  reasons  that  may  be  advan- 
ced, on  the  part  of  the  prosecution,  in  answer  to  such  objections. 

13th  July,  1325. 


NAVY  DEPARTMENT,  July  19/A,  1825. 

SIR:  In  compliance  with  your  wish,  I  have  requested,  of  the 
Attorney  General  of  the  United  States,  an  answer  to  the  questions, 
proposed  in  your  letter  of  the  18th  instant. 

I  now  enclose  to  you,  a  copy  of  my  letter  to  him,  and  of  his 
answer. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

SAML.  L.  SOUTHARD. 
RICHARD  S.  COXE,  Esq.  Judge  Advocate  Genl.  Court  Martial. 


(M.) 

NAVY  DEPARTMENT,  July  18tk,  1825. 

SIR  :  I  have  this  evening  received  from  the  Court  Martial,  now 
silting  at  the  Marine  Barracks,  Washington,  a  letter  of  which  the  en- 
closed is  a  copy.  It  proposes  certain  questions,  on  which  your 
opinion  is  desired.  I  have,  therefore,  to  beg  the  favour  of  you,  to 
furnish  me,  at  as  early  an  hour  as  your  convenience  will  permit,  an 
answer  to  the  questions  proposed,  that  I  may  transmit  it  to  the 
Court. 

Should  any  papers,  or  documents,  be  required,  in  preparing  an 
answer,  I  will  endeavour  to  procure,  and  furnish  them,  without 
delay. 

I  have  the  honour  to  be,  with  very  great  respect,  sir,  your  most 
obedient, 

(Signed,)  SAML.  L.  SOUTHARD. 

Honourable  Waf.  WlRT,  AMrnty  Omeral  U.  States. 


532 

(N.) 
OFFICE  OF  THE  ATTORNEY  GENERAL  OF  THI  UNitED  STATES, 

July  I'.th,  1825. 

SIR  :  I  am  just  honoured  with  your  letter  of  last  night,  enclosing 
one  from  Mr.  Coxe,  the  Judge  Advocate  of  the  Court  Martial,  now 
sitting  on  the  trial  of  Commodore  Porter,  expressive  of  the  wish 
of  that  tribunal,  that  you  would  take  the  opinion  of  the  Attorney 
General  on  two  questions  of  law,  which  have  been  presented  for 
their  decision  in  the  course  of  the  discharge  of  their  judicial  duties. 
T  beg  leave  to  observe,  that  the  Attorney  General  has  no  authority 
to  give  an  official  opinion,  except  in  the  cases  especially  provided  by 
law  "  whose  duty  it  shall  be,"  says  the  law,  "  to  give  his  advice 
"and  opinion  upon  questions  of  law,  when  required  by  the  Presi- 
"  dent  of  the  United  States,  or  when  requested  by  the  heads  of  any 
"  of  the  Departments,  touching  any  matters  that  may  concern  their 
"  departments."  The  construction  of  thi$  provision  has  been,  that 
whensoever  the  President,  or  any  head  of  a  Department,  has  an  of- 
ficial duty  to  perform,  he  has  a  right  to  call  for  the  opinion  of  the 
Attorney  General,  on  any  question  of  law,  for  the  purpose  of  assist- 
ing him  in  the  discharge  of  that  duty.  This  has  been  the  construc- 
tion on  which  I  have  acted  since  1  have  been  in  office,  and  with  the 
entire  approbation  of  the  President  and  heads  of  Departments.  In- 
deed, on  any  other  construction,  the  duties  of  the  Attorney  General 
would  be  wholly  impracticable. 

Now,  I  apprehend,  that  the  Court  Martial,  in  this  case,  having 
been  organized,  and  the  charges  laid  before  them,  the  Head  of  the 
Navy  Department  has  DO  duties  to  perform  in  giving  their  judicial 
decisions.  "And  since  it  is  only  in  relation  to  his  own  duties  that 
the  Secretary  can  call  for  the  opinion  of  the  Attorney  General,  or 
that  the  Attorney  General  has  any  authority  to  give  an  opinion,  it 
follows,  that  I  must,  on  this,  as  I  have  been  constrained  to  do  on  se- 
veral former  occasions,  beg  to  be  excused  from  doing  what  1  think 
unauthorized,  and  therefore  wrong. 

I  have  the  honour  to  remain,  sir,  with  very  great  respect,  Sec. 
(Signed)  WM.  WIRT. 

To  the  Honourable  SAMUEL  L.  SOUTHARD,  ./Vary  Department. 


MR.  PRESIDENT  :  Since  the  course  which  has  been  taken,  with 
the  objections  of  my  counsel  to  the  terms  of  the  second  charge,  and 
its  specifications,  i*  likely  to  produce  delay  ;  and,  instead  of  simpli- 
fying, as  was  intended,  rather  to  perplex  and  embarrass  the  proce- 
dure of  the  Court,  1  have  determined  to  withdraw  these  objections, 
in  so  far  as  they  present  any  preliminary  question  to  be  discussed 
and  decided  upon  the  face  of  the  charge  and  specifications  them- 
selves, independent  of  any  examination  of  the  evidence  to  be  ad- 
duced in  support  of  them. 

1  have  deoided  on  this  course,  with  the  less  hesitation,  in  consi- 
deration of  being  distinctly  advised,  by  my  counsel,  that  all  these  ob- 


533 

jections  are  equally  available,  under  the  general  issue  of"  notguif- 
ty,"  as  in  any  other  form ;  unless  that  which  turns  upon  the  defect 
of  sufficient  minuteness  and  precision  in  the  specifications  of  time, 
place,  manner  and  circumstances  of  the  acts  imputed  to  me,  may  be 
an  exception.  'Tis  not  that  the  latter  objection,  or  the  rule,  which 
it  supposes  to  have  been  violated,  is  by  any  means,  to  he  regarded 
as  frivolous  or  captious  ;  or  as  unessential  to  the  great  principles 
of  ->uustantial  justice,  by  which  the  salutary  forms  of  procedure  in 
such  cases,  have  been  prescribed.  On  the  contrary,  I  am  made  ex- 
perimentally sensible,  in  this  very  instance,  of  the  value  of  the  rule, 
and  of  the  practical  mischief  and  injustice  resulting  from  the  palpa- 
ble breach  of  it,  apparent  on  the  face  of  my  pending  accusation  ;  for 
I  solemnly  declare,  that  after  the  minutest  recollection,  and  the 
most  mature  reflection,  upon  all  the  passages  of  my  professional 
life,  which,  by  any  possibility,  may  be  the  subject  of  this  complaint; 
and  after  all  that  has  been  said  in  the  recent  discussion,  1  remain  at 
this  moment,  utterly  perplexed  and  puzzled,  even  to  conjecture 
what  are  the  particular  facts  and  circumstances  of  my  imputed  guilt, 
that  are  pointed  at,  and  intended  to  be  adduced  against  me,  under 
several  of  the  most  important  of  these  fire  specifications  :  I  am 
unable  to  do  more  than  to  form  a  probable,  though  vague  conjec- 
ture. 

Yet,  so  long  as  I  am  assured  that  I  am  not  to  be  entrapped,  by 
taking  issue  upon  the  charge,  to  be  held  to  a  conclusive  admission 
of  its  validity,  or  of  the  legal  sufficiency  of  the  facts  to  be  given  in 
evidence  under  it,  as  describing  or  constituting  any  offence  for 
which  I  am  amenable  to  martial  law,  I  must  be  content  to  forego, 
(if  such  be  the  necessary  consequence  of  pleading  to  issue)  every 
advantage  from  the  defect  of  reasonable  certainty  and  minuteness, 
in  the  specifications  ;  and  to  encounter  every  disadvantage  of  igno- 
rance, from  the  want  of  fair  and  regular  notice  of  the  circumstances 
wherein  my  offence  is  supposed  to  consist. 

Since  it  appears  that  I  am  not  entitled  to  reply  to  any  of  these  to- 
pics in  the  discussion  of  a  preliminary  point,  and  since  it  is  most  un- 
expectedly intimated  that  doubts  on  the  subject  exist  with  the 
Court ;  and  as  I  feel  that  justice  to  myself  requires,  that  I  should 
have  an  opportunity  of  controverting  whatever  may  have  been  ad- 
vanced to  effect  either  my  honour  or  the  mere  law  of  my  case  ;  I 
have  taken  the  only  course  left  open  to  me,  which  is  to  waive  the 
objections  as  matter  of  separate  and  preliminary  discussion;  and  to 
reserve  them,  or  such  of  them,  as  may  be  available  for  my  general 


aeience.  .  , 

I  do  therefore,  Mr.  President,  offer  myself  ready  to  go  on  witt 
the  trial  ot  this  second  charge,  and  its  specifications,  upon  the  gene- 
ral issue,  before  tendered  under  protest  ;  reserving  for  my  general 
defence,  all  such  exceptions  of  law  or  fact,  as  shall  be  admissible  and 
available  in  that  defence. 

I  beg  leave  further  to  suggest,  that  it  is  essential  to  my  d€      ce, 
that  I  should  be  more  precisely  and  minutely  intormed  of  the  pro- 


534 

positions  of  Fact  or  law,  advanced  against  me,  than  I  can  be  from 
a  cursory  reading  of  the  long  and  elaborate  argument  of  the  Judge 
Advocate  ;  many  parts  of  which,  were  but  indistinctly  heard  and 
comprehended,  in  the  course  of  that  reading.  1  therefore  request 
to  be  favoured  with  a  copy  of  that  document,  as  a  part  of  the  pro- 
ceedings of  the  Court,  or  such  access  to  it  as  may  be  equivalent. 
I  do  not  anticipate  that  there  can  be  objection  to  this  request,  since 
the  reasonableness  of  it  is  apparent.  Although  the  nature  of  my 
objections  was  distinctly  intimated  on  the  second  day  of  this  Court's 
session  ;  and  were  specifically  drawn  out  and  stated  in  writing,  as 
early  as  Wednesday  the  13th  instant,  and  though  the  reasons  and 
authorities  at  large  were  distinctly  read  in  open  Court,  on  Friday 
the  15th  ;  yet,  it  seems,  that  because  from  some  accidents,  which 
I  extremely  regret,  as  it  must  have  infinitely  enhanced  the  labours 
of  the  Judge  Advocate,  the  fair  transcript  of  the  argument  in  sup- 
port of  the  objections,  was  not  put  into  his  hands  'till  ten  or  eleven 
o'clock  on  Sunday  the  17th — he  was  compelled  to  defer  the  pre- 
paration of  his  argument  'till  he  was  in  full  possession  of  the  written 
transcript  of  that  which  he  was  to  answer.  If  a  gentleman,  possess- 
ing the  acuteness  and  quickness  of  perception,  the  learning  and  in- 
genuity thus  strongly  manifested  in  the  composition  of  an  argument, 
so  full  of  learned  research,  and  various  illustration;  and  so  elaborate, 
and  so  diffuse,  which  occupied  no  longer  time  than  from  ten  or  ele- 
ven on  Sunday  morning,  'till  it  tvas  time  to  meet  the  Court  next 
morning;  if  a  gentleman  so  gifted,  laboured  under  so  much  disad- 
vantage from  the  absence  of  the  paper  he  was  to  answer,  you  may 
judge,  Mr.  President,  bow  necessary  it  is  for  me  to  be  possessed 
in  extenso*  of  the  argument  by  which  many  important  points  of 
my  defence  are  so  strongly  affected. 


A. 
NAVY  DEPARTMENT,  dugiut  llth,  1825. 

SIR  :  In  pursuance  of  the  application  of  the  General  Court  Mar- 
tial, of  which  you  are  President,  and  for  the  better  accommodation 
of  all  concerned,  permission  is  hereby  granted  to  the  Court,  to  ad- 
journ, for  the  remainder  of  its  sessions,  to  that  central,  and  commo- 
dious building,  on  1st  street  east,  and  the  corner  of  Maryland  ave- 
nue, formerly  occupied  by  the  Congress  of  the  United  States. 
I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

SAML.  L.  SOUTHARD. 
Capt.  JAMES  BARRON,  President  General  Court, Martial. 


B. 

WAV*  DEPARTMENT,  I2lh  dugwt,  1825. 

SIR  :  1  have  received  and  submitted  to  the  Executive,  your  let- 
ter of  yesterday's  date,  in  which  you  say — "  1  transmit  a  paper 
"handed  me  by  Commodore  Porter,  since  the  adjournment  of  the 
"  Court  this  day,  purporting,  as  I  understood  from  him,  to  be  a  con- 
"  tinuation  of  hi?  defence.  He  stated,  also,  that  the  residue  wouW 


536 


«  h»  defence.  But  u  would  be  obvu  IT7  thiD£  le*%  «** 
jure  to  rece.ve  and  consider  any  n  3  1"1Pr°Pe'>  for  the  Execu- 
te Court  Uself,  as  faS^SSKS  transmitted  to  him  by 
I  am  therefore  direct-  Proceedings. 

submit  it  to  the  Cou  t,  *&?£  jW>  yon,  that  you 
handed  to  you,  that  the  Court  my!,  man°er'  in  whi<*  it 

OWn  Jad«»ent  upoa 

wfnch  tbe  accus- 


on  the  paper  as  a  part  "f  Pr°Per^ode  of  obtaining  a  deci- 
hhar  allth?  *tt*£tfS&«*«  C«Ptain  PorTer 
he  length  of  the  document  and  «hl  ce'  thLat  IS  Possible. 
be  consumed  in  reducing  it  tKrit^l  "^  might  necess'- 
•ndulgence,  with  the  most  pSSnSSK  ^^  m°tives  for  th^ 
questioning  the  proprietv  g  S?2S  ^for  ^  Court,  and  without 
made  m  relation  to  the  defence  hlch  lt  has  heretofore 

again  in  possess^n  of  thl^onrt*  ^^  that  y°U  ma^  Pla 


THOUSAND' DOLLARS  REWARD- 


n     e  nigll(  of 
rorn. 


K  §  ~J 

J  L     |  I-I,          7  4 


recovered.  s'         one    ourth  part  of  the  Goods 

,  ,824.       BOT'  BAILEV  &  co 


(No.  2.) 

SIR  :  I  this  morning  received  a  letter  from  Mr.  J.  J.  Atkinson,  of 
Ponce,  Porto  Rico,  who  states  that  while  on  board  the  Mary  Ann, 
of  Baltimore,  J.  Dukehart,  master,  from  this  place  bound  for  Ponce, 
the  crew  of  said  brig  mutinied,  and  in  the  fray  the  papers  of  the 
vessel  were  lost  overboard.  He  also  mentioned  that  the  crew 
of  the  brig  Cadmus,  of  Kennebunk,  has  also  mutinied  in  the  port  of 
Ponce — the  mutineers  are  confined  in  the  jail  of  Ponce,  but  the  au- 
thorities of  the  Island  have  informed  the  Captains  that  they  would 
be  kept  till  the  vessels  were  ready  for  sea  only. 

It  will  be  necessary  for  either  you  or  Captain  Sloat  to  proceed,  if 
possible,  to  Ponce,  and  give  the  Mary  Ann  a  document  with  which 
she  can  proceed  to  Baltimore,  as  the  shippers  have  refused  to  ship 
till  she  is  regularly  documented.  I  remain,  with  respect,  your  obe- 
dient servant,  WM.  FURN1SS. 

St.  Thomas,  1st  Ftbruary,  1825. 
To  CHARLES  T.  PLATT,  Esq.  Commdt.  U.  S.  Seh.  Beagle,  St.  Thomas. 

(No.  3.) 
U.  S.  Sen.  BEAGLE,  Harbour  St.  Tfiomas,  February  lOlh,  1825. 

SIR  :  Having  this  day  returned  from  a  visit  to  Ponce,  a  village  in 
the  Island  of  Porto  Rico,  somewhat  similar,  and  not  far  distant  from 
Faxardo,  under  circumstances  so  widely  different  from  those  of  my 
former  visit  to  that  Island,  I  do  therefore  beg  leave  to  lay  before 
you  the  circumstances  that  induced  me  to  visit  it,  and  more  partic- 
ularly the  reception  that  1  met  with,  although  no  part  of  my  uniform 
was  different  from  that  which  I  wore  at  Faxardo,  nor  had  I  in  any  res- 
pect improved  in  my  address.  I  mention  this  with  feelings  of  pure 
American  pride,  as  prejudices  much  to  my  injury,  particularly  with 
such  as  I  am  not  personally  acquainted  with,  may  have  grown  out 
of  the  Spanish  account,  of  my  piratical  appearance*at  Faxardo. 

On  the  2d  day  of  this  month,  I  received  from  Mr.  Furniss,  Com- 
mercial Agent  al  St.  Thomas,  a  letter  stating  that  the  crews  of  two 
American  merchant  vessels  had  mutinied,  and  that  those  vessels 
were  then  at  anchor  in  the  harbour  of  Ponce,  and  in  want  of  the 
assistance  of  some  one  of  the  U.  S.  vessels  of  war  ;  and  further 
more,  that  the  master  of  a  vessel  then  at  St.  Thomas,  was  desirous 
of  obtaining  convoy  to  the  same  place.  Under  such  circumstances, 
I  could  not  hesitate  for  a  moment  in  fully  complying  with  the  re- 
quest. Consequently,  as  soon  as  was  practicable,  1  got  under  wa}r, 
and  two  days  after  anchored  in  the  harbour  of  Ponce,  at  which  place 
as  at  Faxardo,  I  visited  the  shore  in  person.  No  indignation  nor  in- 
dignities were  offered  to  my  person,  or  the  flag  the  Beagle  bore  ; 
but  on  landing  was  invited  to  a  public  house,  refreshments  were  of- 
fered me,  and  in  a  very  short  time  I  arranged  all  things  relating  to 
the  merchantmen,  to  the  entire  satisfaction  o»"  their  respective  mas- 
ters. As  soon  as  was  practicable,  the  Captain  of  the  Fort,  accom- 
panied with  numbers  of  the  most  respectable  citizens,  made  their 
appearance  ;  when,  to  my  no  small  gratification,  they  sajuted  roe  in 


537 

the  most  cordial  and  friendly  manner.  He,  the  Captain,  did  not  ask 
or  demand  my  commission.  He  beheld  nothing  in  my  features  that 
indicated  that  cowardly  and  hell-like  visage  of  a  Pirate ;  nor  did  he 
discover  any  thing  other  than  that  deportment  which  I  have  honestly 
inherited.  In  evidence  of  which  1  need  only  to  observe,  that  I  was 
waited  upon,  and  requested  to  exchange  salutes  with  the  Fort,  which 
was  complied  with.  A  carriage  was  prepared,  as  well  as  one  of  the 
tnost  genteel  dwellings,  for  my  sole  use  during  my  stay.  It  was  not 
my  intention  to  have  remained  longer  than  was  absolutely  necessa- 
ry to  accomplish  the  object  of  my  visit,  but  from  the  urgent  and  num- 
berless invitations,  pressing  me  to  remain  and  accept  of  a  dinner  al- 
ready ordered  for  myself  and  officers,  (a  refusal  of  which  would 
have  carried  with  it  a  conviction  of  the  truth  of  my  uncouth  man- 
ners, which  had  been  so  elegantly  polished  by  the  Faxardians,)  I 
was  induced  to  accept  the  invitation,  and  on  the  day  following  par- 
took of  a  splendid  dinner,  (the  Alcalde  at  the  head  of  the  table,) 
with  not  less  than  thirty-five  of  the  first  and  most  respectable  citi- 
zens and  planters  in  that  vicinity.  After  the  cloth  was  removed, 
many  complimentary  toasts  were  given,  which  in  turn  were  recip- 
rocated by  the  officers  of  the  Beagle  and  myself.  At  9  in  the  eve- 
ning I  withdrew,  and  returned  on  board  the  Beagle,  after  having 
spent  five  hours,  during  which  time  the  most  cordial  degree  of 
friendship  prevailed  throughout  the  company.  The  next  morning 
I  left  the  port,  having  previously  established  private  signals  with 
the  Captain  of  the  Fort,  that  our  respective  forces  might  co-operate 
in  the  suppression  of  piracy. 

I  have  the  honour  to  be,  respectfully,  your  obedient  servant, 
CHARLES  T.  PLATT,  Lt.  Com'dt,  Beagle. 

Com.  DAVID  PORTER. 


(No.  4.) 

NAVY  DEPARTMENT,  1st  February,  1823. 

Com.  DAVID  PORTER,  Comnd'g  U.  S.  Naval  forces  in  the  West  Indies,  present; 
SIR  :  You  have  been  appointed  to  the  command  of  a  squadron 
fitted  out  under  an  act  of  Congress  of  the  20th  of  December  last,  to 
cruise  in  the  West  India  Seas  and  Gulf  of  Mexico,  for  the  purpose 
of  suppressing  piracy,  and  affording  effectual  protection  to  the  citi- 
zens and  commerce  of  the  United  States.  Your  attention  will  also 
be  extended  to  the  suppression  of  the  slave  trade,  according  to 
the  provisions  of  the  several  acts  of  Congress  on  that  subject ;  copies 
of  which,  and  of  the  instructions  heretofore  given  to  our  Naval  Com- 
manders thereon,  are  herewith  sent  to  you,  while  it  is  your  duty  tc 
protect  our  commerce  against  all  unlawful  interruption,  and  to  guard 
the  rights,  both  of  person  and  property,  of  the  citizens  of  the  Unit- 
ed States,  wherever  it  shall  become  necessary  :  you  will  observe 
the  utmost  caution  not  to  encroach  upon  the  rights  of  others ;  and 
should  you  at  any  time  be  brought  into  discussion  or  collision,  witf 
any  foreign  power,  in  relation  to  such  rights,  it  will  be  expedient 

68 


jnd  proper  that  the  same  should  be  conducted  with  as  much  modera- 
tion and  forbearance,  as  is  consistent  with  the  honour  of  your  country, 
and  the  just  claims  of  its  citizens. 

Should  you,  in  your  cruise,  fall  in  with  any  foreign  Naval  force, 
engaged  in  the  suppression  of  piracy,  it  is  desirable  that  harmony 
and  a  good  understanding  should  be  cultivated  between  you  ;  and 
you  will  do  every  thing  on  your  part,  that  accords  with  the  honour 
of  the  American  Hag,  to  promote  this  object 

So  soon  as  the  vessels  at  Norfolk  shall  be  ready  for  sea,  you  will 
proceed  to  the  West  Indies,  by  such  route  as  you  shall  judge  best 
for  the  purpose  of  effecting  the  object  of  your  cruise  ;  you  will  es- 
tablish at  Thompson's  Island,  usually  called  Key  West,  a  depot,  and 
land  the  ordnance  and  marines,  to  protect  the  stores  and  pro- 
visions ;  if  however  you  shall  find  any  important  objection  to  this 
place,  and  a  more  suitable  and  convenient  one  can  be  found,  you 
are  at  liberty  to  select  it  as  a  depot.  You  will  announce  your  arri- 
val and  object  to  the  authorities,  civil  and  military,  of  the  Island  of 
Cuba,  and  endeavour  to  obtain,  as  far  as  shall  be  practicable,  their 
co-operation  ;  or  at  least  their  favourable  and  friendly  support,  giving 
them  the  most  unequivocal  assurance,  that  your  sole  object  is  the 
destruction  of  pirates. 

The  system  of  piracy  which  has  grown  up  in  the  West  Indies, 
has  obviously  arisen  from  the  war  between  Spain  and  the  new  gov- 
ernments, her  late  provinces  in  this  hemisphere  ;  and  from  the 
limited  force  in  the  Islands,  and  their  sparse  population,  many  por- 
tions of  each  being  entirely  uninhabited  and  desolate,  to  which  the 
active  authority  of  the  Government  does  not  extend.  It  is  under- 
stood that  establishments  have  been  made  by  parties  of  these  ban 
ditti  in  those  uninhabited  parts,  to  which  they  carry  their  plunder, 
and  retreat  in  time  of  danger.  It  cannot  be  presumed  that  the  gov- 
ernment of  any  Island  will  jjfford  any  protection  or  countenance  to 
such  robbers.  It  may, on  the  contrary,  confidently  be  believed  that 
all  governments,  and  particularly  those  most  exposed,  will  afford  all 
means  in  their  power  for  their  suppression.  Pirates  are  considered 
by  the  law  of  nations,  the  enemies  of  the  human  race.  It  is  the 
duty  of  all  nations  to  put  them  down  ;  and  none  who  respect  their 
own  character  or  interest,  will  refuse  to  do  it,  much  less  afford  them 
an  a?ylum  and  protection.  The  nation  that  makes  the  greatest  ex- 
ertions to  suppress  *uch  banditti,  has  the  greatest  merit.  In  making 
such  exertions,  it  has  a  light  to  the  aid  of every  other  power,  to  the 
extent  of  its  means,  and  to  the  enjoyment,  under  its  sanction,  of  all 
its  rights  in  the  pursuit  of  the  object.  In  the  case  of  belligerents, 
where  the  army  of  one  party  enters  the  territory  of  the  neutral 
power,  the  army  of  the  other  has  a  right  to  follow  it  there.  In  the 
case  of  pirate?,  the  right  of  the  armed  force  of  one  power,  to  followr 
them  into  the  territory  of  another,  is  more  complete.  In  regard  to 
pirates,  there  is  no  neutral  party  ;  they  being  the  enemies  of  the 
human  race,  all  nations  are  parties  against  them,  and  may  be  consid- 
ered as  allies.  The  object  and  intention  of  our  government  is  to 


respect  the  feelmgs  as  well  as  the  rights  of  others,  both  in  substance 
and  in  form,  in  all  the  measures  which  may  be  adopted  to  accom- 
plish the  end  in  view.  Should,  therefore,  the  crews  of  any  vessels 
winch  you  have  seen  engaged  in  acts  of  piracy,  or  which  you  have 
just  cause  to  suspect  of  being  of  that  character,  retreat  into  the  ports, 
harbours,  or  settled  parts  of  the  Islands,  you  may  enter  in  pursuit 
of  them,  such  ports,  harbours  or  settled  parts  of  the  country,  for 
the  purpose  of  aiding  the  local  authorities,  or  people,  as  the  case 
may  be,  to  sei/e  and  bring  the  offenders  to  justice,  previously  giving 
notice  that  this  is  your  sole  object.  Where  a  government  exists, 
and  is  felt,  you  will  in  all  instances  respect  the  local  authorities,  and 
only  act  in  aid  of,  and  co-operation  with  them,  it  being  the  exclusive 
purpose  of  the  government  of  the  United  States  to  suppress  piracy— 
an  object  in  which  all  nations  are  equally  interested  ;  and  in  the 
accomplishment  of  which,  tne  Spanish  authorities  and  people  will, 
it  is  presumed,  cordially  co-operate  with  you.  If,  in  the  pursuit  of 
pirates  found  at  sea,  they  shall  retreat  into  the  unsettled  parts  of 
the  Islands,  or  foreign  territory,  you  are  at  liberty  to  pursue  them, 
so  long  only  as  there  is  reasonable  prospect  of  being  able  to  appre- 
hend them ;  and  in  no  case  are  you  at  liberty  to  pursue  and  appre- 
hend any  one,  after  having  been  forbidden  so  to  do,  by  competent  au- 
thority of  the  local  government ;  and  should  you,  on  such  pursuit,  ap- 
prehend any  pirates  upon  land,  you  will  deliver  them  over  to  the 
proper  authority,  to  be  dealt  with  according  to  law,  and  you  will 
furnish  such  evidence  as  shall  be  in  your  power,  to  prove  the  of- 
fence alleged  against  them.  Should  the  local  authorities  refuse  to 
receive  and  prosecute  such  persons  so  apprehended,  on  your  fur- 
nishing  them  with  reasonable  evidence  of  their  guilt,  you  will  then 
keep  them  safdy  and  securely  on  board  some  of  the  vessels  under 
your  command,  and  report,  without  delay,  to  this  Department,  the 
particular  circumstances  of  such  cases. 

Great  complaints  are  made  of  the  interruption  and  injury  to  our 
commerce,  by  privateers  fitted  out  from  Spanish  ports.  You  will 
endeavour  to  obtain  from  the  Spanish  authorities  a  list  of  the  ves- 
sels so  commissioned,  arid  ascertain  how  tar  they  have  been  instruct- 
ed to  intercept  our  trade  with  Mexico  and  the  Colombian  Republic; 
impressing  upon  them,  that,  according  to  the  well  settled  rule  oi 
the  law  of  nations,  the  United  States  will  not  consider  any  portion 
of  coast  upon  the  Gulf  of  Mexico  as  legally  blockaded,  except  where 
a  naval  force  is  stationed  sufficient  to  carry  into  effect  the  blockad- 
ing order  or  decree  ;  and  that  this  government  does  not  recognise 
the  right  or  authority  of  Spain  to  interdict  or  interrupt  our  com- 
merce with  any  portion  of  the  coa«t  included  within  the  Colombian 
Republic  or  Mexican  government,  not  actually  blockaded  by  a  com- 
petent force. 

All  the  United  States  ships  and  vessels  of  war  in  the  West  Indies, 
of  which  a  list  is  herewith  enclosed,  are  placed  under  your  com- 
mand ;  and  you  will  distribute  them  to  such  stations  as  shall  appear 
to  you  best  calculated  to  afford  complete  protection  to  our  com 


540 

merce,  in  which  you  will  embrace  the  object  of  protecting  the  con- 
voy of  specie  from  Vera  Cruz  and  the  Mexican  coast  generally,  to 
the  United  States  ;  keep  one  vessel  at  least,  upon  this  service,  to  be 
at  or  near  Vera  Cruz,  during  the  healthy  season  of  the  year,  and  to 
be  relieved  as  occasion  shall  require,  both  for  convoy  of  trade,  and 
to  bring  specie  to  the  United  States — confining  the  transportation 
to  the  United  States  only. 

You  will  be  particularly  watchful  to  preserve  the  health  of  the 
officers  and  crews  under  your  command,  and  to  guard  in  every 
possible  manner  against  the  unhealthiness  of  the  climate  ;  not 
permitting  any  intercourse  with  the  shore  ivhere  the  yellow  fever 
prevails,  except  in  cases  of  absolute  necessity. 

Wishing  you  good  health,  and  a  successful  cruise,  I  am,  very  re- 
spectfully, sir,  your  obedient  servant, 

(Signed,)  SMITH  THOMPSON. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  original  on  file 
in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  July  6,  1825. 


(No.  5.) 

Captain  Porter  has  the  honour  respectfully  to  state  to  the  Presi- 
dent of  the  United  States,  that,  agreeable  to  the  suggestion  of  the 
Prest.  he,  on  the  16th  of  last  month,  addressed  a  letter  to  the  Secre- 
tary of  the  Navy,  requesting  an  investigation  of  his  conduct,  in  re- 
lation to  the  affair  of  Faxardo,  and  the  charges  of  Mr.  Kandal,  as 
early  as  was  consistent  with  the  public  interests  ;  and  on  the  same 
da^  he  received  what  purported  to  be  the  Secretary's  reply,  inform- 
ing him  the  Executive  had  determined  that  a  Court  should  be  form- 
ed, to  examine  into  the  occurrences,  so  soon  as  circumstances  will 
permit. 

Captain  P.  consequently  waited  with  patience  until  the  13th  of 
this  month,  when,  not  being  able  to  learn  that  any  steps  were  taken 
towards  the  accomplishment  of  the  Executive  will,  he  again  ad- 
dressed the  Secretary  in  the  most  urgent  but  respectful  manner,  to 
cause  his  conduct  to  be  investigated,  and  allow  him,  if  innocent,  to 
relieve  himself  from  the  truly  unpleasant  situation  in  which  the  or- 
der for  his  recall  has  placed  him. 

No  notice  has  yet  been  taken  of  this  request,  and  Captn.  P.  des- 
pairing of  justice  from  any  other  quarter,  begs  and  intreats  that  the 
President  of  the  United  States  will  cause  it  to  be  rendered  to  him. 

WASHINGTON,  April  17//J,  1825. 


I  certify  the  foregoing  to  be  a  true  copy  from  the  original  on  file 
in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  July  6,  1825. 


041 

(No.  5.) 
U.  S.  SHIP  JOHN  ADAMS,  Pottage  Island,  \Sth  Aw.  1824. 

Sm  :  I  have  the  honour  to  inform  you  that,  on  my  arrival  at 
St.  Thomas,  I  was  informed  that  Lieut.  Comdt.  Platt,  of  the  U.  S. 
schooner  Beagle,  who  had  visited  Faxardo,  a  town  on  the  east  coast 
of  Porto  Rico,  about  two  miles  from  the  sea,  for  the  purpose  of 
making  inquiries  respecting  a  quantity  of  dry  goods,  supposed  to 
have  been  deposited  there  by  pirates,  was,  after  being  recognized 
as  an  American  officer,  by  the  proper  authorities  there,  imprisoned 
and  shamefully  treated. 

Indignant  at  the  outrages  which  have  so  repeatedly  been  heaped 
on  us,  by  the  authorities  of  Porto  Rico,  I  proceeded  to  this  place, 
where  1  left  the  ship,  and  taking  with  me  the  schrs.  Grampus  and  Bea- 
gle, and  the  boats  of  the  John  Adams,  with  Captain  Dallas,  and  part 
of  his  officers,  seamen  and  marines,  proceeded  to  the  port  of  Faxar- 
do, where,  finding  preparations  were  making  to  fire  on  us  from  the 
battery  onshore,  1  «ent  a  party  of  seamen  and  marines  to  spike  the 
guns,  which  was  done  in  a  few  minutes,  as  the  Spaniards  fled  on  the 
landing  of  the  party.  I  then  landed  with  two  hundred  men,  and 
marched  to  the  town,  spiking  on  the  way  the  guns  of  a  small  batte- 
ry, placed  for  the  defence  of  a  pass  on  the  road,  and  reached  the 
town  in  about  thirty  minutes  after  landing.  I  found  them  prepared 
for  defence,  as  they  received  information  from  St.  Thomas's  of  my 
intentions  of  visiting  the  place.  I  halted  about  pistol  shot  from  their 
forces,  drawn  up  on  the  outskirts  of  the  town,  and  sent  in  a  flag,  re- 
quiring the  Alcalde  or  Governor,  with  the  Captain  of  the  Port,  the 
principal  offenders,  to  come  to  me  to  make  atonement  for  the  out- 
rage, giving  them  one  hour  to  deliberate.  They  appeared  accord- 
ingly, and  after  begging  pardon  (in  the  presence  of  all  the  officers) 
of  the  officer  who  had  been  insulted,  and  expressing  great  peni- 
tence, I  permitted  them  to  return  to  the  town,  on  their  promising 
to  respect  all  American  officers  who  may  visit  them  hereafter. 
We  then  returned  to  the  vessels,  and  left  the  harbour,  after  being 
at  anchor  three  hours. 

As  we  \vere  getting  under  way,  a  number  of  persons  appeared 
.on  the  beach,  bearing  a  white  flag,  and  having  with  them  some  bul- 
locks and  a  number  of  horses,  apparently  laden — no  doubt  a  pre- 
sent from  the  authorities  of  the  place,  which  they  informed  me  they 
should  send  me. 

There  is  no  doubt  that  our  persons  and  our  flag  will  be  more  re- 
spected hereafter  than  it  has  been  by  the  authorities  of  Porto  Rico. 

Every  officer  and  man,  on  the  occasion,  conducted  themselves  in 
a  manner  to  meet  my  entire  approbation.  1  have  the  honour  to  be, 
very  respectfully,  your  obedient  servant,  D.  PORTER. 

The  Hon.  SAM'L  L.  SOUTHARD,  Secretary  of  the  Navy,  Washington. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  original  on  file 
in  this  Department.  CHAS.  HAY. 

JVAVY  DEPARTMENT,  July  6, 1825. 

This  paper  admitted  to  have  been  received  by  the  Department 
on  the  4th  December,  1824. 


S42 

(No.  6.) 
U.  S.  SHIP  Joins  ADAMS,  Thompson's  Island,  30th  January,  I52o* 

SIR  :  I  have  the  honour  to  acknowledge  the  receipt  of  your  or- 
ders of  the  27th  ult.  informing  me  of  your  reception  of  mine,  of 
the  15th  of  November,  relating  what  you  have  been  pleased  to 
term  "  the  extraordinary  transactions  at  Faxardo,"  and  recalling  me 
from  my  command  for  a  full  investigation  of  my  conduct  in  that  af- 
fair. 

Agreeable  to  your  orders  I  shall  leave  this  place  for  Washington, 
"  without  unnecessary  delay,"  and  have  taken  measures  to  obtain 
all  the  testimony  necessary,  and  such  written  evidence  as  I  supposed 
•useful  ;  and  on  my  arrival  in  the  United  States  shall  hold  myself 
ready  to  justify  my  conduct  in  every  particular,  not  only  by  the 
laws  of  nations  and  of  nature,  and  by  highly  approved  precedent, 
but,  if  necessary,  by  the  orders  of  the  Secretary  of  the  Navy. 

To  use  the  emphatic  language  of  Mr.  Adams,  "  by  all  the  laws 
of  neutrality  and  war,  as  well  as  of  prudence  and  humanity,'" 
I  was  warranted  in  chastising  and  intimidating  the  authorities  of  a 
place  who  had  not  only  become  the  allies  and  protectors  of  outlaws 
and  pirates,  but  our  active  enemies,  by  the  imprisonment  and  forci- 
ble detention  of  an  American  Officer,  while  in  the  performance  of 
his  duties.  "  There  will  need"  (continues  Mr.  Adams,)  "  no  ci- 
tation from  printed  treatises  on  international  law,  to  prove  the  cor- 
rectness of  this  principle.  It  is  engraved  in  Adamant  on  the  com- 
mon sense  of  mankind,  no  writer  upon  the  laws  of  nations,  ever 
pretended  to  contradict  it  ;  none  of  any  reputation  or  authority 
ever  omitted  to  insert  it." 

I  am  willing  sir  to  submit  my  conduct  in  this  affair  to  the  strictest 
investigation,  and  if  1  cannot  fully  justify,  it,  I  shall  cheerfully  sub- 
mit to  the  severest  punishment  that  can  be  inflicted  ;  but  if  it  shall 
appear  that  the  motives  which  influenced  me,  were  founded  in  pa- 
triotism, that  the  necessity  for  my  conduct  really  existed,  and  that 
"  my  vindication  is  written  in  every  page  ot  the  law  of  nations,  as 
-well  as  the  first  law  of  nature,  self  defence,"  I  shall  then  hope 
that  atonement  will  be  made  for  the  forcible  withdrawal,  for  an  al- 
leged offence,  from  my  command,  by  restoring  me  to  my  former 
station,  and  allowing  me  to  retire  from  it  in  a  manner  more  honour- 
able to  myself  and  my  country,  and  less  injurious  to  my  feelings 
and  character. 

This,  sir,  will  be  an  act  of  justice  that  I  hope  will  not  be  denied 
to  me. 

1  have  the  honour  to  be,  with  great  respect,  your  ob't  serv't, 
(Signed,)  DAVID  PORTER. 

Honourable  SAMUEL  L.  SOUTHARD,  Secretary  of  the  ./Vary,  Washington. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  original  on  file 
in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

XAV\  DEPARTMENT,  6th  July,  W25. 


543 

(No.  6.) 
V.  ».  SCHOONER  BEAGLE,  Si.  Thomas,  lU&nfo.  1824. 

STR:  At  ten  in  the  morning  of  the  26th  of  October  last,  I  receiv- 
ed intelligence  that  the  American  Consul's  store  had  been  forcibly 
entered  on  the  preceding  night,  and  robbed  of  goods  to  the  amount 
of  five  thousand  dollars.  With  this  report,  the  American  Consul 
requested  mo,  provided  it  would  prove  consistent  with  my  duties, 
{o  sail  in  quest  of  those  whom  it  was  supposed  had  clandestinely 
left  the  harbour  the  night  preceding,  in  a  small  boat,  and  generally 
believed  by  those  acquainted  in  St.  Thomas',  to  have  proceeded  to 
the  port  of  Faxardo,  on  the  east  end  of  Porto  Rico.  I  directly  gave 
the  necessary  orders  to  prepare  for  sea  ;  having  received  a  good 
pilot  on  board,  I  was  enabled,  by  noon,  to  proceed  in  quest  of  the 
marauders. 

Standing  along  the  south  side  of  Crabb  Island,  discovered  a  sloop 
in  Settlement  bay ;  boarded  her  and  received  information  of  a  pira- 
tical sloop-rigged  boat  to  leeward,  that  had  been  for  some  time  past 
infesting  the  coast.  This  information  induced  me  to  alter  my  course 
and  steer  for  the  west  end  of  Crabb  Island.  At  10  A.  M.  discover- 
ed a  sloop  beating  to  windward,  and  the  small  sloop  rigged  boat 
standing  from  the  land.  At  10.  50,  fired  a  shot  to  bring  the  sloop 
to  ;  At  10.  55,  fired  again, — she  hove  about  and  stood  for  the  land. 
Spoke  the  sloop  from  St.  Croix  bound  to  St.  Tho- 

mas ;  made  all  sail  for  the  sloop  boat,  which  run  into 
Bay,  and  her  crew  abandoned  her.     At  11.   15,  came  to,  and  took 
possession  of  the  deserted  boat.     At  11.  45,  made  sail  and  stood 
for  the  S.  E.  end  of  Porto  Rico — at  sun  set  came  to  in  the  harbour 
of  Port  Faxardo. 

On  the  morning  of  the  27th,  a  Creole  visited  me  from  shore,  who 
bore  an  invitation  from  the  Commandant  to  me  to  visit  him.  At  7, 
A.  M.  in  company  with  Lieut.  Ritchie,  the  Pilot  and  the  Consul's 
Clerk,  I  landed.  For  our  better  success  we  appeared  in  the  char- 
acters of  citizens.  On  my  reaching  the  shore,  the  register  of  tny 
vessel  was  demanded.  1  explained  the  object  of  my  visit,  and  the 
policy  of  my  appearing  in  disguise.  This,  however,  proved  of  no 
avail  ;  I  was  not  allowed  to  proceed  to  Faxardo.*  Supposing  that 
the  person  who  made  these  demands  had  no  authority  to  detain  me, 
1,  in  company  with  Lieut  Ritchie,  proceeded  to  the  port  of  Faxar- 
do, and  explained  in  the  most  satisfactory  manner,  to  the  Captain 
of  the  port,  the  object  of  my  visit,  and  produced  a  private  letter 
from  Mr.  Cabot,  American  Consul,  to  a  merchant  in  that  place,  in 
relation  to  the  service  in  which  we  were  engaged. 

Having  observed  the  necessary  forms  and  ceremonies  with  regard 
to  the  Captain  of  the  Port,  we  then  waited  upon  the  Alcalde  and 
further  acquainted  him  with  our  mission,  &.c.  who  proffered  us 
every  assistance  ;  having  made  a  few  enquiries  in  some  of  the  retail 
stores,  which  had  an  immediate  tendency  to  bring  to  light  any  who- 
may  have  been  engaged  in  this  traffic,  we  received  a  positive 
order  to  repair  to  the  Alcalde's  house,  where  we  were  also  receiv 


544 

ed  by  the  (Captain  of  the  Port,  who  damned  us  as  pirates,  and  re- 
quested of  me,  register,  papers,  &.c.  &c.  I  stated  I  possessed  no 
register,  I  carried  no  papers,  other  than  my  commission,  and  that 
of  my  oflicers  ;  we  were  seized  as  culprits,  and  conveyed  to 
prison.  To  satisfy  them  of  my  real  character,  of  which  they  pre- 
tended they  had  no  positive  proof,  I  consented,  though  repugnant 
to  my  feelings,  to  have  my  commission  sent  me.  After  its  produc- 
tion they  declared  it  a  forgery,  and  again  remanded  us  to  prison,  de- 
claring he  would  not  release  us  until  he  had  heard  from  St.  Johns. 
1  ihen  demanded  to  know  what  was  further  required  ;  the  reply 
was,  "your  appointment  as  Lieut.  Commandant  of  that  vessel  is 
what  you  must  produce.  " 

1  at  first  hesitated,  and  would  not  comply,  but  not  wishing  on  my 
part  to  commit  any  action  which  might  have  a  tendency  to  disturb 
the  harmony  existing  between  our  respective  governments,  I  pro- 
duced my  appointment  as  Lieut.  Commandant.  A  council  of  offi- 
cers was  called  with  other  citizens  of  the  place,  who.  after  having 
heaped  upon  us  the  most  shameful  outrages,  permitted  us  to  depart 
on  board.  I  have  the  honour  to  be,  very  respectfully,  your  obe- 
dient servant,  (Signed,)  CHAS.  T.  PLATT, 

Lieut.  Comtft  U.  S.  Schr.  Beagle. 
To  Com.  D.  PORTEU,  U.  S.  Nary. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  file  of  this  De- 
partment. CHAS.  HAY,  Chief  Clerk. 
NAVY  DEPARTMENT,  July  6//t,  1825. 


(No.    7.) 

WASHINGTON,  I6lh  March,  1825. 

SIR  :  It  is  now  sixteen  days  since  I  had  the  honour  to  report  to 
you  my  arrival  here  in  obedience  to  your  orders,  of  27th  December, 
and  1  have  anxiously  since  awaited  your  further  instructions. 

1  am  aware,  sir,  of  the  interruptions  the  recent  changes  in  govern- 
ment,  and  other  circumstances,  have  occasioned  to  the  transaction 
of  public  business,  and  however  irksome  and  uncertain  may  be  my 
present  situation,  and  whatever  anxiety  I  may  feel  on  the  occasion, 
it  is  not  my/  wish  to  press  on  the  Department  my  own  aflairs  in  pre- 
ference to  those  of  more  importance;  I  cannot,  however,  help  re- 
questing that  there  ma>  be  as  little  delay  in  the  investigation  of  my 
conduct,  both  as  regards  the  affair  of  Faxardo,  and  the  statements  oi 
Mf.  Randall  and  Mountain,  and  is  consistent  with  the  public  interests. 

The  state  of  ignorance  and  uncertainty  in  which  I  have  been  kept, 
as  to  the  intentions  of  the  government  and  the  desire  of  vindicating 
myself  to  the  government  and  the  public,  and  relieving  myself  from 
a  species  of  suspension  and  supposed  condemnation,  must  be  my 
apology  for  now  troubling  you. 

Officers  continue  to  make  to  me  their  reports,  and  to  request  of 
me  orders.  N7ot  knowing  whether  the  Department  still  consider 


343 

me  in  command  of  the  West  Indies  Squadron,  I  have  been  at  a  loss 
how  to  act :  will  you  be  pleased  to  instruct  me  on  the  subject. 
I  have  the  honour  to  be,  with  great  respect,  your  obd't  serv't, 

D.  PORTER. 
Hon.  SAMUEL  L.  SOUTHARD. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  original  on  file 
in  this  Department.  CHAS.  HAY  Chief  Clerk. 

NAVY  DEPARTMENT,  July  6,  182.5. 

(No.  7.) 

ST.  THOMAS,  \2th  November,  1824.  '« 

SIR  :  1  have  the  honour  to  inform  you,  that  the  store  of  Cabot,  Bai- 
ley &Co.  was  broken  open  on  the  night  of  the  24th  ulto.  and  property 
to  a  considerable  amount  stolen  ;  and  having  strong  reasons  to  be- 
lieve that  the  robbery  was  committed  by  a  gang  of  thieves,  who 
harbour  in  the  Island  of  Porto  Rico,  1  communicated  the  same  to 
Captain  Platt,  of  the  U.  States  schooner  Beagle,  and  very  promptly 
offered  to  go  there  in  pursuit  of  them,  and  started  for  Faxardo  on 
the  morning  of  the  25th  with  a  pilot  which  I  furnished  him,  and  a 
young  man  from  the  counting  house,  with  a  description  of  the  goods, 
and  a  letter  ot  introduction  to  Mr.  Juan  Campos,  from  one  of  the 
most  respectable  houses  in  this  place,  and  well  known  in  that  quar- 
ter. The  manner  in  which  Capt.  Platt  was  received  and  treated, 
has  no  doubt,  been  communicated  to  you  by  him. 

I  beg  leave  to  enclose  a  letter  from  Messrs.  Bergeest  &.  Whlhorn, 
confirming  the  facts  of  the  late  robberies  in  this  Island  having,  in 
most  instances,  been  traced  to  the  quarter  of  Porto  Rico,  where 
Capt.  Pl-ilt  went. 

I  have  the  honour,  sir,  with  great  respect,  your  most  ob't  serv't, 
(Signed,)  STEPHEN  CABOT. 

To  Commodore  DAVID  PORTER.  U.  S.  Consular  dgenl. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  files  of  this 
Department.  CHAS.  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  July  6,  1825. 

(No.  8.) 

WASHINGTON,  l^th  dpril,  1825. 

SIR  :  I  hope  it  will  not  be  considered  obtrusive  in  me  to  remind 
you  of  the  extremely  unpleasant  situation  in  which  your  orders  of 
the  27th  December  has  placed  me. 

You  will  recollect,  no  doubt,  that  they  required  me  to  repair  to 
this  place  izithout  unnecessary  delay,  to  explain  my  conduct  in  re- 
lation to  the  Faxardo  affair ;  from  this  positive  injunction,  they  de- 
prived me  of  the  opportunity,  without  taking  on  myself  great  re- 
sponsibility, of  obtaining  by  personal  application,  the  written  testi- 
mony necessary  in  the  case;  not  knowing  the  causes  which  influ- 
enced you  in  urging  my  recall  so  speedily,  and  not  wishing  to,  have 
unnecessary  delay  ascribed  to  any  wish  on  my  part,  the  day  of  my> 
69 


546 

arrival  here  (the  1st  of  March,)  1  reported  to  you  my  attendance 
on  your  further  orders.  No  notice  being  paid  to  this  report,  after 
an  interview  had  with  the  President,  I  again  addressed  you  at  his 
suggestion,  on  the  16th  of  the  same  month,  and  on  the  same  day  I 
received  your  letter,  apprising  me  that,  by  the  determination  of  the 
Executive,  a  Court  of  Inquiry  would  be  formed,  to  examine  into  the 
occurrences  at  Faxardo,  as  well  as  the  charges  of  Mr.  Randall,  so 
soon  as  circumstances  will  permit. 

Since  that  time,  1  have  \vaited  patiently  your  convenience,  re- 
gardless of  the  anxiety  and  importunity  of  my  friends,  not  wishing 
to  press  my  business  on  you  to  the  exclusion  of  matters  which 
might  now  appear  to  you  of  more  importance  to  the  public  interest, 
than  the  investigation  of  my  conduct  in  the  Faxardo  affair,  or  the 
charges  against  myself  and  others  as  contained  in  Mr.  Randall's 
statement*.  1  mu>-t  beg  leave  to  observe  to  you,  however,  that  the 
manner  of  my  recall,  proves  that,  at  the  time  your  order  of  the  27th 
December  was  issued,  the  investigation  of  the  affair  which  caused 
it,  \vas  considered  of  great  national  importance,  and  a  note  subse- 
quently received  from  Mr.  Monroe,  not  only  confirms  this  belief, 
but  proves  that  he  still  thought  so  after  he  had  gone  out  of  office. 
1  must  also  beg  leave  to  observe,  that  whatever  opinion  may  be  en- 
tertained now,  the  punishment  to  me  is  none  the  less  on  account  of 
the  change,  if  any  change  has  taken  place.  The  affair  of  Faxardo 
was  the  occasion  of  my  recall — the  affair  of  Faxardo  was  the  occasion 
of  my  being  displaced  from  my  command — it  is  that  affair  which 
now  keeps  me  suspended  from  the  exercise  of  my  official  functions — 
it  was  that  which  caused  you  to  pronounce  censure  on  me,  to  pun- 
ish and  degrade  me,  before  any  complaint  against  me,  before  trial, 
and  before  I  was  called  on  for  explanation. 

If,  sir,  opinion  is  changed  ;  if,  by  information  since  received  from 
other  quarters,  you  have  been  induced  to  believe  that  the  public 
interests  do  not  require  so  much  haste  in  the  investigation  as  you  at 
first  supposed,  it  would  seem  but  just  that  my  own  anxieties,  anJ 
the  anxieties  of  those  whose  peace  of  mind  1  regard,  and  good  opin- 
ion 1  highly  respect,  should  be  relieved,  by  some  intimation  of  your 
intentions  with  regard  to  me,  that  there  should  be  in  fact  some  re- 
laxation  in  the  severity  of  the  course  adopted  toward  me. 

It  is  with  reluctance  that  1  trouble  you  with  any  complaint  what- 
ever,  but  I  feel  that  1  should  neither  do  my  duty  to  myself,  to  what 
I  owe  to  others,  and  indeed  to  the  service  to  which  1  belong,  if  by 
a  loug«r  silence,  1  gave  reason  to  believe  that  I  acquiesced  in  a 
course  of  conduct  toward  me,  which,  when  a  full  investigation  takes 
place,  and  all  the  facts  are  known,  few  I  think,  will  acknowledge  is 
founded  on  justice. 

Executive,  it  appears,  has  decided  that  a  Court  of  Inquiry 
shall  be  ordered  to  investigate  my  conduct  Why  then  deprive 
tun  i  the  opportunity  of  making  my  explanation,  by  del  tying  the 
ution  ol  the  Executive  will  ?  Upwards  of  six  weeks  have  olaps- 
ed  since  I  reported  my  arrival  here,  -and  as  yet  I  only  know  the 
determination  of  the  Executive. 


547 

The  time  when,  the  place  where,  and  by  whom  the  investigation 
11  to  be  made,  are  unknown  to  me  ;  no  definite  period  is  fixed  on 
for  the  holding  of  the  Court,  and  I  therefore  most  respectfully  ask, 
what  is  your  determination  with  respect  to  me  ?  that  1  may  kno\v 
what  course  of  conduct  it  would  be  proper  for  me  to  pursue. 
I  have  the  honour  to  be,  your  obedient  servant, 

D.  PORTER. 
Honourable  SAML.  L.  SOUTHARD. 

I  certify  that  the  foregoing  is  a  true  copy  from  the  original  on 
file  in  this  Department. 

CHAS.  HAY,  Chief  Clerk. 
NAVT  DEPARTMENT,  July  6,  1825. 


(No.   8.) 

SIR  :  At  the  request  of  our  friend,  Mr.  Stephen  Cabot,  we  be£ 
leave  to  state  to  you  some  facts  relative  to  the  robbery  lately  conv- 
nitted  in  this  Island. 

Our  own  store,  and  amongst  others,  those  of  our  neighbours, 
Messrs.  Ellis,  Gibson  &  Co.  John  Kettle,  Esq.  Robert  Alexander, 
Esq  Saubot,  Zobert,  &  Co.  were  forcibly  broken  open,  property  to 
a  very  large  amount  stolen,  and  a  considerable  part  of  the  goods 
traced  to  Naguabo,  near  Faxardo;  in  consequence  of  which,  and  the 
circumstance  that  about  ten  days  previous  to  the  robbery  committed 
in  the  store  of  Messrs.  Cabot,  Bailey,  &  Co.  a  gang  of  desperate 
thieves  made  their  escape  from  the  prison,  at  the  City  of  Puerto 
Rico  ;  as  also  every  search  had  been  made  here  on  shore,  as  well  as 
in  the  harbour,  and  nothing  discovered,  except  that  the  goods  stolen 
had  been  carried  off  by  the  sea  side,  induced  us  to  recommend  to 
those  gentlemen  sending  down  a  person  to  Faxardo,  as  being  pro- 
bable the  means  oftracing  the  robbers. 

Desirous  of  assisting  our  friends  Messrs.  Cabot,  Bailey,  &  Co.  in 
this  object,  we  gave  one  of  their  Clerks,  and  whom  we  understood 
was  to  go  down  in  the  U.  S.  schooner  Beagle,  a  letter  of  recommen- 
dation to  our  friend,  Mr.  Juan  Campos  in  Faxardo.  who  had  on  for- 
mer occasions  of  the  same  nature,  been  the  means  of  discovering 
the  property  and  perpetrators,  in  the  case  of  Messrs.  Ellis,  Gibson, 
&  Co.  and  our  own. 

We  have  the  honour  to  be,  with  sentiments  of  the  highest  regard, 
sir,  your  obedient  humble  servants, 

BERGEEST  &  WHLHORN. 
ST.  THOMAS,  llth  November,  1824. 
To   Commodore  DAVID  PORTER. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  files  of  this 
Department. 

CHAS.  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  July  6,  1825. 


548 

(No.  9.) 

MERIDIAN  HIM,,  lllh  June,  182S. 

S'IR  :  I  have  received  your  letter  of  yesterday's  date,  acknowl- 
edging the  receipt  of  a  pamphlet  published  by  me,  respecting  the 
proceedings  of  the  Court  of  Inquiry,  and  transactions  at  Faxardo  j 
and  expressing  your  surprise  that  I  should  have  considered  it  pro- 
per, while  my  case  and  the  report  of  the  Court  of  Inquiry,  were 
still  under  consideration  of  the  Executive,  to  make  a  publication  re- 
lating therto  ;  and  especially  a  publication,  in  so  many  respects,  de- 
ficient and  inaccurate. 

I  beg  leave  to  state  to  you,  that  the  publication  alluded  to.  was  put 
to  press,  and  nearly  ready  for  distribution,  before  I  received  any 
intimation  from  you  of  an  opinion  on  the  p..rt  of  the  Executive,  that 
further  proceedings  in  the  case  were  deemed  necessary  ;  an  intima- 
tion which  occasioned  to  me  great  surprise,  and  it  was  only  the  hope 
of  removing  from  the  mind  of  the  Executive  an  idea  of  this  neces- 
sity which  induced  me  to  circulate  it,  after  being  so  notified,  a? 
you  will  perceive  by  the  note  accompanying  the  pamphlet  sent  you 
a  few  days  aflr.ryour  notification  ;  a  notification  which,  pardon  me, 
sir,  I  did  believe  was  intended  for  the  sole  purpose  of  slopping  my 
publication,  as  1  could  find  no  other  motive  for  it,  nor  have  1  yet 
been  able  to  find  any  other,  as  I  am  to  this  day  not  arrested,  as  I  was 
informed  by  you  I  should  be  in  a  few  days. 

If,  by  an  intimation  of  the  deficiencies  and  inaccuracies  which  my 
paaiphl  >t  contains,  it  is  intended  to  convey  the  idea  of  a  wilful  mis- 
representation on  my  part,  1  begyou  to  point  out  in  what  it  consists. 
The  record  of  the  proceedings  as  published,  are  copied  from  the 
record  of  the  Judge  Advocate,  and  the  documents,  whether  reject- 
ed or  otherwise,  for  or  against  me,  so  far  as  I  coulr1  possess  myself 
of  them,  accompany  the  publication,  and  I  certainly  have  not  omit- 
ted any  against  me,  that  were  admitted  by  the  Court  as  testimony  ; 
to  the  contrary.  I  have  inserted  one  of  that  character,  which  was 
rejected  by  the  Court  as  unauthentic,  to  wit,  the  Porto  Rico  publi- 
cation. There  are  one  or  two  trifling  typographical  errors,  the  most 
important  of  which  is  the  word  clothes  instead  of  colours,  in  the  tes- 
timony of  Mr.  Plult,  page  15,  and  1  think  an  omission  to  italjcise  the 
words  "  fearful  odds,"  in  page  37,  which  surely  cannot  be  the  in- 
accuracies and  deficiencies  alluded  to,  as  the  first  error  is  calcula- 
ted to  operate  against  myself,  and  the  other,  if  it  really  exists,  is  of 
no  importance.  There  is  also  an  unimportant  letter  from  you  to 
the  Court,  transmitting  the  rejected  documents!,  which  by  a  note  in 
pHge  31,  and  the  report  of  the  Court,  which  by  a  remark  in  page 
32,  I  acknowledge  not  to  be  in  my  possession. 

The  first  was  refused  to  me  by  the  Judge  Advocate  ;  the  latter, 
I  am  still  ignorant  of,  but  the  publication  of  both  I  now  respectfully 
invite. 

I  he  anonymous  publication  ii    <  •  -tenlav'*  Journal,  of  the  same, 
of  your  letter,   and  tak'  n  in  connexion  with  the  language  of  it, 


.149 

leaves  no  doubt  of  the  source  whence  it  originated  ;  I,  consequently, 
considering  my  relationship  to  the  Department,  feel  restrained  from 
making  suitable  comments  thereon  ;  it  is  therefore  only  left  for  me 
to  express  the  hope  that  the  promised  period  for  rectifying  the  er- 
rors, and  supplying  the  deficiencies  which  are  said  to  exist  in  the 
pamphlet,  rn  -y  soon  arrive,  and  until  it  does,  I  hereby  voluntarily 
pledge  my  "  vr:red  honour"  that  none  will  appear  in  it,  except  those 
I  have  indicated,  so  far  as  1  could,  by  every  effort  on  my  part,  ob- 
tain a  knowledge  of  the  proceedings  of  the  Court,  and  I  have  no 
doubt  1  have  obtained  them  correctly. 

If  it  is  intended  to  intimate  that  the  reasonings  contained  in  my 
defence  are  fallacious,  and  present  an  improper  view  of  the  subject, 
I  can  only  say  that  they  are  the  expressions  of  rny  honest,  unaided 
opinions  and  conviction*,  and  that  1  should  have  delivered  them  be- 
fore the  Court,  had  1  been  allowed  the  opportunity  of  doing  so. — 
They  are  before  the  public  ;  the  public  will  judge  of  their  val- 
ue, and  I  now  more  than  ever  feel  the  necessity  of  appealing  to  its 
decision. 

I  am  not  impatient  of  it,  and  wait  the  convenience  of  the  Depart- 
ment, in  whatever  measures  it  may  think  proper  to  adopt  towards 
me. 

I  take  the  liberty  to  remind  you  that  I  am  still  ignorant  of  the 
opinion  of  the  Court  of  Inquiry  on  the  charges  of  Messrs.  Randall 
and  Mountain,  and  to  request  that  it  may  be  laid  before  the  public, 
that  it  may  be  able  to  judge  whether  I  am  innocent  or  guilty  of 
them.  If  the  Court  have  pronounced  me  innocent,  I  am  entitled  to 
all  the  benefits  of  their  opinion  ;  if  I  am  guilty,  I  arn  unworthy  of 
holding  my  commission,  and  should  wish  no  longer  to  disgrace  it. 

I  have  the  honour  to  be,  your  obedient  servant, 

D.  PORTER. 

lion.  SAMI..  L.  SOUTHARD. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  original  in  this 
Department.  CHAS.  HAY,  Chief  Clerk. 

NAVT  DEPARTMKJTT,  July  6,  1825. 


(No.    10.) 

WASHINGTON,  2nd  May,  182.5. 

SIR  :  The  accompanying  pamphlet,  which  was  put  to  press  short- 
ly after  the  proceedings  of  the  Court  of  Inquiry  on  the  Faxardo 
affair,  contains  all  the  explanations  I  shall  ever  be  able  to  make,  in 
justification  of  my  conduct. 

I  never  had,  at  any  time,  any  doubts  of  the  propriety  of  the 
course  1  pursued,  nor  have  I  now,  and  it  will  be  the  source  of  great 
regret  to  me,  if,  after  a  perusal  of  the  pamphlet,  further  proceed- 
ings in  the  case  should  be  thought  necessary. 

If  it  be  thought  that  I  have  erred  in  judgment,  the  purity  of  my 
intentionsr  I  presume,  cannot  be  doubted, 


550 

I  have  the  honour  to  be,  with  great  respect,  your  obedient  ser- 
vant, (Signed)  D.  PORTER. 

Hon.  SAM'L  L.  S<»CTHARD.  . 

I  certify  the  foregoing  to  be  a  true  copy  from  the  original  on  file 
in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  6th  July,  1825. 


(No.  11,  the  pamphlet  referred  to  in    the  2nd  Specification,  is  inserted  after 

No.  4-3.) 


(No.  12  ) 

Captain  Porter  having  examined  the  proposed  interrogalorie  s 
Mr.  Monroe,  on  the  part  of  the  Judge  Advocate,  is,  after  mature 
reflection,  and  with  the  best  advice  in  his  power  to  obtain,  utterly 
at  a  loss  to  conceive  by  what  authority  the  proposed  commission  to 
examine  Mr.  Monroe,  in  the  manner  proposed,  has  been  claimed 
by  the  Judge  Advocate  ;  or  how  any  evidence  to  be  taken  under  it, 
can  be  admitted  in  the  place  of  the  testimony  of  the  witness  in  per- 
son, before  the  Court;  or  what  legitimate  relation  or  bearing,  the 
evidence,  which  the  said  interrogatories  import  an  intention  to  pro- 
duce, can  have  to  any  matter  involved  in  the  present  trial. 

Having  repeatedly  called  upon  the  Judge  Advocate,  for  some 
precise  specification  of  the  circumstances  wherein  the  supposed 
guilt  implied  by  the  accusation,  under  the  head  of  the  second 
charge  consists,  and  of  the  gist  or  point  of  the  accusation  to  which  the 
proposed  evidence  applies,  he  forbears  any  further  attempt  to  pene- 
trate the  mysterious  and  studied  silence,  by  which  all  reasonable  in- 
formation on  this  point  is  concealed.  He,  therefore,  simply  proposes 
the  following  interrogatories  on  his  part;  being  all  that,  under  present 
circumstances,  he  can  conjecture,  to  be  at  all  pertinent  to  any  fact,  of 
which  the  Judge  Advocate's  interrogatories  indicate  an  intention  to 
make  inquiry  and  proof.  But  he  does  so  under  a  solemn  protest 
against  the  legality,  the  justice,  and  the  fairness,  upon  any  princi- 
ple of  law,  equity  or  candour,  of  the  whole  proceedings,  and  dis- 
tinctly reserving  to  himself,  when  the  execution  of  this  pretended 
commission  shall  be  produced,  every  proper  exception  to  the  regu- 
larity or  competency  of  such  commission,  and  of  the  execution  of 
the  same  ;  and  to  the  pertinency  and  admissibility  of  any  evidence 
to  be  offered  under  it ;  if  to  him  it  shall  seem  necessary  or  proper, 
to  interpose  such  exceptions. 


(For  No.  13,  the  original  record  of  the    proceedings  of  the  Court  of  Inquiry, 

see  page  10.) 


(No.  14.) 

MERIDIAS  HILL,  June  IS/A,  1825. 

SIR  :  In  consequence  of  an  anonymous  publication  which  appear- 
ed in  your  paper  of  the  14th,  and  dated  the  13th,  respecting  my 
pamphlet  containing  the  proceedings  in  the  Faxardo  affair,  &c.  I 
have  to  request  you  to  publish  the  accompanying  correspondence. 
Very  respectfully,  your  obedient  servant,  D.  PORTER 

Mr.  PCTER  FORCE. 


551 

NAVT  DEPARTMENT,  May  2&lk,  1825. 

SIR:  The  Court  of  Inquiry,  lately  assembled  at  the  Navy  Yard, 
Washington,  has  closed  its  examination  into  the  matters  submitted  to 
it,  and  made  report  to  the  Department. 

I  am  instructed  by  the  Executive,  to  inform  you,  that  it  has  been 
found  necessary  that  further  proceedings  should  be  had,  in  relation 
to  the  transactions  at  Faxardo,  and  that,  in  the  course  of  a  few  days, 
charges  will  be  preferred,  you  will  be  arrested,  and  a  Court  Mar- 
tial summoned  for  your  trial. 

1  am,  very  respectfully,  Sir,  your  obedient  servant, 

SAML.  L.  SOUTHARD. 

Sapt.  DAVID  PORTER,  U.  S. 


WASHINGTON,  May  30/A,  1825. 

SIR  :  Late  on  Saturday  night  (the  28th)  I  received  from  your 
messenger,  your  communication  of  that  date,  informing  me  that  the 
Court  of  Inquiry  had  closed  its  examination  into  the  matters  submit- 
ted to  it,  and  made  report  lo  the  Department  ;  also,  apprizing  m& 
of  the  intentions  of  the  Executive  with  regard  to  me. 

Ignorant,  as  I  am,  of  the  report  of  the  Court,  I  can  form  no  idea 
of  the  nature  of  the  charges  intended  to  be  preferred  against  me, 
the  motives  of  the  Executive,  or  the  object  of  the  notification  —  I 
have  the  honour,  therefore,  to  ask  of  you  the  necessary  information 
to  enable  me  to  prepare  for  my  defence. 

With  great  respect,  your  very  obedient  serv't,       D.  PORTER. 

Hon.  SAMUEL  L.  SOUTHARD,  Secretary  of  the  Navy 

WASHINGTON,  June  2,  1825. 

SIR  :  The  accompanying  pamphlet,  which  was  put  to  press  shortly 
after  the  termination  of  the  proceedings  of  the  Court  of  Inquiry  on 
the  Faxardo  affair,  contains  all  the  explanations  I  shall  ever  be  able 
to  make  in  justification  of  my  conduct. 

1  never  had,  at  any  time,  any  doubts  of  the  propriety  of  the  course 
I  pursued  —  nor  have  1  now  ;  and  it  will  be  the  source  of  great  re- 
gret to  me,  if,  after  a  perusal  of  the  pamphlet,  further  proceedings 
in  the  case  should  be  thought  necessary. 

If  it  be  thought  that  1  have  erred  in  judgment,  the  purity  of  my 
intentions,  I  presume,  cannot  be  doubted. 

I  have  the  honour  to  be,  with  great  respect,  your  obd't  serv't, 

D.  PORTER. 

Hon.  SAMUEL  L.  SOUTHARD. 

NAVT  DEPARTMENT,  13lh  June. 

SIR  :  Your  letter,  transmitting  a  pamphlet  respecting  the  proceed- 
in^  of  the  Court  of  Inquiry,  and  the  transactions  at  Faxardo,  &c. 
was  received,  and  the  copy,  endorsed  for  the  President,  immediate- 
ly delivered  to  him. 

it  is  the  cause  of  surprise,  that  you  should  have  considered  i 
proper,  while  your  case  and  the  report  of  the  Court  of  Inquiry  were 


552 

still  under  the  consideration  of  the  Executive,  to  make  a  publicaliou 
relating  (hereto,  and  especially  a  publication  in  so  many  respects 
deficient  and  inaccurate. 

I  am,  respectfully,  &c.  SAML.  L.  SOUTHARD. 

Com.  DAVID  PORTER,  U.  S.  Nary. 

MERIDIAN  HIM,,  June  14//i,  1825. 

SIR  :  I  have  received  your  letter  of  yesterday's  date,  acknowledg- 
ing the  receipt  of  a  pamphlet  published  by  me,  respecting  the  pro- 
ceedings of  the  Court  of  Inquiry,  and  transactions  at  Faxardo.  &c. 
and  expressing  your  surprise  that  I  should  have  considered  it  pro- 
per, while  my  case  and  the  report  of  the  Court  of  Inquiry  were 
still  uii'ler  consideration  of  the  Executive,  to  make  a  publication  re- 
lating thereto,  and  especially  a  publication  in  so  many  respects  "de- 
ficient and  inaccurate." 

I  beg  leave  to  state  to  you  that  the  publication  alluded  to  was  put 
to  press,  and  nearly  ready  for  distribution,  before  I  received  any 
intimation  from  you  of  an  opinion  on  the  part  of  the  Executive  that 
further  proceedings  in  the  case  were  deemed  necessary  ;  an  intima- 
tion which  occasioned  to  me  great  surprise  ;  and  it  was  only  with 
the  hope  of  removing  from  the  mind  of  the  Executive  an  idea  of 
this  necessity,  which  induced  me  to  circulate  it  alter  being  so  noti- 
fied, as  you  will  perceive  by  the  note  accompanying  the  pamphlet 
sent  you  a  few  days  after  your  notification,  which,  pardon  me,  sir, 
I  did  believe  was  intended  for  the  sole  purpose  of  stopping  my  pub- 
lication, as  I  could  find  no  other  motive  for  it,  nor  have  1  yet  been 
able  to  find  any  other,  as  1  am  to  this  day  not  arrested,  as  I  was  in- 
formed by  you  1  should  be. 

If,  by  an  intimation  of  the  deficiencies  and  inaccuracies  which  my 
pamphlet  contains,  it  is  intended  to  convey  the  idea  of  a  wilful  mis- 
ropi  osentation  on  my  part,  I  beg  you  to  point  out  in  what  it  consists. 

The  record  of  the  proceedings,  as  published,  are  copied  from  the 
record  of  the  Judge  Advocate  ;  and  the  documents,  whether  reject- 
ed or  otherwise,  Jor  or  against  me,  so  far  as  I  could  possess  myself 
of  them,  accompanying  the  publication  ;  and  I  certainly  have  not 
omitted  any  against  me  that  were  admitted  by  the  Court  as  testimo- 
ny ;  to  the  contrary,  I  have  inserted  one  of  that  character,  which 
was  rejected  by  the  Court  as  unauthentic,  to  wit,  the  Porto  Rico 
government  publication. 

There  are  one  or  two  trifling  typographical  errors,  the  most  im- 
portant of  which  is  the  word  clothes  instead  of  colours,  in  the  testi- 
mony of  Mr.  Platt,  page  15,  and  I  think  an  omission  to  italicise  the 
words  "  fearful  odds,"  in  page  37,  which  surely  can  not  be  the  in- 
accuracies and  deficiencies  alluded  to,  as  the  first  error  is  calculated 
to  operate  against  myself,  and  the  other,  if  it  really  exists,  is  of  no 
importance.  There  is  also  an  unimportant  letter  from  you  to  the 
Court,  transmitting  the  rejected  documents,  which  by  a  note  in  page 
.'51,  and  the  report  of  the  Court,  which  by  a  remark  in  page  32,  I 
acknowledge  not  to  be  in  my  possession.  The  first  was  refused  to 


553 

me  by  the  Judge  Advocate  ;  the  latter,  I  am  still  ignorant  of;  but 
the  publication  of  both  I  now  respectfully  invite. 

The  anonymous  publication  in  yesterday's  Journal,  of  the  same 
date  of  your  letter,  and  taken  in  connexion  with  the  language  of  it, 
leares  no  doubt  of  the  source  whence  it  originated.  I,  consequent- 
ly, considering  my  relationship  to  the  Department,  teel  restrained 
from  making  suitable  comments  thereon.  It  is,  therefore,  only  left 
for  me  to  express  the  hope  that  the  promised  period  for  rectifying 
the  errors,  and  supplying  the  deficiencies,  which  are  said  »o  exist 
in  the  pamphlet,  may  soon  arrive  ;  and  until  it  does,  I  hereby  vol- 
untarily pledge  my  "  sacred  honour,"  that  none  will  appear  in  it, 
except  those  1  have  indicated,  so  far  as  I  could,  by  every  effort  on 
my  part,  obtain  a  knowledge  of  the  proceedings  of  the  Court,  and  I 
have  no  doubt  1  have  obtained  them  correctly. 

If  it  is  intended  to  intimate  that  the  reasonings  contained  in  my  de* 
fence  are  fallacious,  and  present  an  improper  view  of  the  subject,  I 
can  only  say,  they  are  the  expressions  of  my  honest,  unaided  opin- 
ions and  convictions,  and  that  I  should  have  delivered  them  before 
the  Court,  had  1  been  allowed  the  opportunity  of  doing  so.  They 
are  before  the  public  ;  the  public  will  Judge  of  their  value  ;  and  I 
now  more  than  ever  feel  the  necessity  of  appealing  to  its  decision. 
I  am  not  impatient  of  it,  and  wait  the  convenience  of  the  Depart- 
ment, in  whatever  measures  it  may  think  proper  to  adopt  toward  me. 

I  take  the  liberty  to  remind  you  that  I  am  still  ignorant  of  the 
opinion  of  the  Court  of  Inquiry,  on  the  charges  of  Messrs.  Randall 
and  Mountain,  and  to  request  it  may  be  laid  before  the  public,  that 
it  may  be  able  to  judge  whether  I  am  innocent  or  guilty  of  them. 

If  the  Court  has  pronounced  me  innocent,  I  am  entitled  to  all  the 
benefits  of  their  opinion  ;  if  I  am  guilty,  I  am  unworthy  of  holding' 
my  commission,  and  should  wish  no  longer  to  disgrace  it. 

I  have  the  honour  to  be,  your  very  obedient  servant, 

D.  PORTER. 

Hon.  SAMUEL  L.  SOUTHARD. 


(No.  15.) 
VARIANCES,  &c. 

Pamphlet,  p.  1 1,  7th  line — "  Into  the  matters  aforesaid,"  original 
matter.  21  line — "  And  (it)  is  also  empowered  :"  original,  it  omit- 
ted. 

P.  13,  3d  paragraph — in  pamphlet — "  Captain  David  Porter  also 
appeared,  and  being  asked  whether  he  had  any  objection  to  offer 
against  either  of  the  members  of  the  Court,  replied  that  he  had  no 
specific  objection  to  individuals,  but  he  objected  to  the  materials  of 
which  the  Court  was  composed  ;  and  stated  further,  that  he 
had  some  remarks  to  make  on  the  subject,  as  well  as  on  the  pre- 
cept ;  that  he  did  not  think  the  Court  was  legally  formed.  Th«. 
oath,"  &c. 

The  original  record  reads — 

Captain  David  Porter  also  appeared,  and  being  asked  whether  be 
70 


554 

had  any  objection  to  offer  against  either  of  the  members  of  the 
Court,  replied  that  he  had  no  specific  objection  to  urge,  but  that  he 
had  some  remarks  which  he  wished  to  submit  to  the  consideration 
of  the  Court  after  it  was  organized,  and  previous  to  its  proceeding 
to  make  the  investigation  for  which  it  was  convened.  Whereupon 
the  oath,"  &c. 

P.  15,  line  27 — After  the  word  breakfast,  "  about  an  hour  after 
I  finished  my  breakfast"  I  received,  Sic.  :  the  words  between  in- 
verted commas  omitted.  Line  38 — clothes  instead  of  colours. 

P.  16,  10th  line  from  bottom — co/mecf  instead  of  confined. 

P.  17,  end  of  third  line,  my  omitted. 

P.  20,  7th  line  from  bottom,  after  the  word  Court,  the  paper  was, 
omitted  in  pamphlet. 

P.  22,  3d  line  of  the  proceedings  of  Thursday — receiving  instead 
of  perusing,  iid  line  of  last  paragraph,  (marked  F.)  not  in  original. 

P.  23,  first  line,  after  paper,  li  it  was  accordingly  read,  annexed 
to  the  record,  and  marked  F."  omitted.  17th  line  from  bottom,  af- 
ter the  word  which,  the  words  "  holds  the  highest  commission 
which"  omitted  in  pamphlet. 

P.  26,  8th  line  from  the  bottom  of  text,  the  word  some  omitted 
before  resistance. 

P.  27,  9th  line,  the  first  word  then  not  in  original.  2d  para- 
graph, were  instead  of  being,  and  the  sentence  made  to  end  at  men, 
instead  of  going  on  through  the  paragraph. 

P.  29,  18th  line  from  bottom,  the  word  up  not  in  original. 

P.  30,  2d  paragraph — half  past  tin  instead  of  two. 

P.  3 1 ,  the  sentence  "  The  Judge  Advocate  informed  the  Court  that 
he  should  probably  be  in  possession  of  more  testimony  to  submit 
to-morrow,  but  had  none  to  lay  before  the  Court  at  this  time."  omit- 
ted before  the  adjournment  till  12  o'clock,  to-morrow,  and  the  two 
sentences  after  that  adjournment  not  in  original. 

In  the  proceedings  of  Saturday,  1st  paragraph,  the  original  reads 
— "  present  all  the  members  of  the  Court,  the  Judge  Advocate,  and 
Captain  Porter."  2d  paragraph,  the  communication  from  the  Se- 
cretary of  the  Navy,  marked  (G)  not  inserted  in  the  pamphlet. 

P.  32 — the  third  paragraph  not  in  the  original.  A  note  attached 
on  the  original  record,  at  the  end  of  the  first  paragraph,  omitted. 
The  2d,  3d,  4th,  and  5th  paragraphs  all  vary  from  the  original, 
and  the  Report  of  the  Court  is  entirely  omitted. 

The  communication  from  the  Secretary  of  the  Navy,  not  intro- 
duced into  the  original  record,  but  annexed  to  the  subsequent  pro- 
ceedings ;  and  the  word  proposed,  at  the  end  of  the  4th  paragraph,. 
instead  of  prepared. 

In  the  documents,  given  in  evidence,  the  original  record  gives — 

No.  1.  Letter  from  Capt.  Porter  to  Sec.  of  Navy,  of  Nov.  15, 
J824. 

No.  2.  Same  to  same,  January  1,  1825. 

No.  3.  Stephen  Cabot  to  Com.  Porter,  Nov.  12,  1821. 

No.  4.  Bergeest  and  Ulhorn  to  same,  Nov.  11,  1824. 


No.  5.  Charles  T.  Platt  to  same,  No?.  II,  1824. 

No.  6.  Sec.  of  Navy  to  same,  February  1,  1823. 

In  the  pamphlet,  pp.  43,  &c.  the  papers  3,  4,  5,  are  transposed •; 
No.  6  wholly  omitted,  and  one  inserted  as  No.  6,  which  never  was 
submitted  to  the  Court  in  that  investigation. 

P.  34,  5th  line  from  bottom,  were  instead  of  was. 

P.  36,  commencement  of  6th  paragraph,  the  words  "  1  beg  leave 
to  state  further  that"  omitted.  Same  paragraph,  3d  line  after 
Court,  the  original  reads  "  and  I  should  now  waive  all  objections," 
&x.  Same  paragraph,  3d  line  from  bottom,  the  word  as  not  in  the 
record. 

P.  37,  3d  line,  the  word/ormec?  omitted  in  the  pamphlet,  before 
regulated.  9th  line  of2d  paragraph,  the  design  instead  of  designed. 
9th  and  8th  lines  from  bottom  of  paper  B — l<  considering  the  fear- 
ful odds  1  have  to  contend  against,"  italicised  in  original. 

P.  41,  3d  and  4th  lines  of  3d  paragraph — to  any  subject  instead  of 
to  the  subjects. 

P.  42,  1  Jth  line  of  2d  paragraph — a  power  instead  of  its  power. 


(No.   16.) 

In  the  case  of  Captain  David  Porter,  now  before  the  Genera* 
Court  Martial,  at  the  Marine  Barracks,  at  Washington,  it  is  hereby 
agreed  by  and  between  the  Judge  Advocate  and  the  said  Captain  D. 
Porter,  that  the  following  statement  of  facts  is  true,  and  that  the 
attendance  of  witnesses  to  prove  the  same,  is  dispensed  with  on  each 
side. 

Captain  Porter  did,  on  the  28th  day  of  May,  1824,  write  a  letter 
to  the  Secretary  of  the  Navy,  a  true  copy  of  which  is  hereunto 
annexed,  and  did  despatch  the  same,  from  the  place  where  it  pur- 
ports to  have  been  written,  by  Lieut.  Legare,  of  the  United  States' 
schooner  Wild  Cat,  to  deliver  the  same  to  the  Secretary  of  the 


It  is  agreed,  also,  that  Lieut.  Legare  sailed  in  the  United  States' 
schooner  Wild  Cat,  from  Matanzas,  for  Washington,  on  the  29th 
day  of  May,  1824,  with  the  said  letter  of  the  28th,  and  that  Cap- 
tain Porter  sailed  from  the  same  place,  Matanzas,  on  the  15th  day 
of  June  following. 

Lieut.  Legare  did  arrive  at  the  City  of  Washington,  and  did  de- 
liver the  same  to  the  Secretary  of  the  Navy,  at  his  house,  in  the* 
City  of  Washington,  on  the  evening  of  June  24th,  1824. 

Captain  Porter  arrived  in  the  City  of  Washington  in  the  Sea  Gull, 
some  time  on  the  same  24th  day  of  June,  some  hours  previous  to 
the  arrival  of  Lieut.  Legare,  having  passed  him  in  the  river,  on 
his  way  up.  The  arrival  of  Captain  Porter  was  announced  to  the 
Secretary  of  the  Navy,  one  or  two  hours  before  the  arrival  of 
Lieut.  Legare,  and  the  delivery  of  the  said  letter,  at  the  house  of 
the  Secretary,  who  thereupon  expressed  great  surprize  at  receiv- 
ing the  intelligence,  and  stated  it  to  have  been  wholly  unexpected  by 
fcirn. 


556 

(No.  17.) 

The  Secretary  of  the  Navy  requests  Messrs.  Gales  and  Seaton 
to  inform  him,  from  whom  they  received  the  correspondence  which 
was  published  in  the  "  Daily  National  Intelligencer  "  of  the  30th 
of  March  last,  purporting  to  be  correspondence  between  the  Secre- 
tary of  the  Navy  and  Commodore  David  Porter. 

NAVY  DEPARTMENT,  15/A  April,  1825. 


(No.   18.) 

The  Secretary  of  the  Navy  presents  his  respects  to  Messrs. 
Gales  and  Seaton,  and  informs  them  that  his  object  in  writing  the 
Note,  to  which  theirs  of  the  IGtb  is  an  answer,  was  to  discover, 
whether.the  correspondence  referred  to,  was  communicated  by  an 
officer  of  the  Navy,  and  if  so,  by  what  officer. 

The  Secretary  of  the  Navy  believes  that  it  was  improper  in 
any  officer,  under  the  circumstances  of  the  case,  to  communicate 
that  correspondence  to  the  public.  He  would,  therefore,  be  grati- 
fied to  learn,  who  the  officer  is,  if  Messrs.  Gales  and  Seaton  feel 
perfectly  at  liberty  to  give  the  information.  He  wishes  not,  how- 
ever, to  create  the  slightest  difficulty  between  them  and  their  cor- 
respondent, or  to  obtain  from  them  what  it  would  be  in  the  least 
improper  for  them  to  communicate. 
DEPARTMENT,  April  IQth,  1825. 


(No.  19.) 

Copies  of  Letters  from  Gales  and  Sealon  to  (lie  Secretary  of  the  Nary* 
Gales  and  Seaton  have  the  pleasure  to  acknowledge  the  receipt 
of  the  Note  of  the  Hon.  Secretary  of  the  Navy,  requesting  them 
**  to  inform  him  from  whom  they  received  the  correspondence  which 
"  w  is  published  in  the  Daily  National  Intelligencer  of  the  30th  of 
"  March  last,  purporting  to  be  a  correspondence  between  the  Se- 
*'  neiary  of  the  Navy  and  Commodore  D.  Porter.  "  G.  and  S.  have 
the  honour  to  state,  in  reply  to  this  Note,  that  the  copy  of  the  cor- 
respondence was  received  from  an  officer  of  the  Navy.  If  it  be 
not  genuine,  or  be  incorrect,  the  name  of  the  communicator  will 
be  instantly  disclosed  to  the  Secretary  of  the  Navy. 
OFFICE  or  THE  NATIONAL  INTELLIGENCER,  April  16/A,  1825. 

OFFICE  ov  THE  NAT.  INTELLIGENCER,  April  19M,  1825. 
Gales  and  Seaton  present  their  respects  to  the  Hon.  Secretary  of 
the  Navy,  acknowledging  the  receipt  of  his  Note  of  the  date  of 
yesterday.  In  seeking  for  their  readers,  from  sources  accessible  to 
them,  information  of  an  authentic  nature  concerning  a  matter  alrea- 
dy pread  before  the  public  by  official  documents,they  were  not  aware 
th  it  they  should,  for  themselves,  or  for  the  gentleman  who  kindly 
furnished  the  copies  of  the  papers  referred  to,  incur  the  disappro- 
bation of  the  Department. 


357 


• 

Prove  of  his  conduct,  (he   Ed  **Fm>  onlv  to  disap- 

any  one  for  a  service  'rendered  o  Lm  KtTh  '^  K?  ^"^ 
gost  respectfully  to  decline  a  compSce  w  th  th?  ^  take  Jeave 
Hon.  Secretary,  assuring  him  *t  th  •  the 

there  is  not 


stated,  G  and  S    h       n,  K  ,    '"  ComnS  ««  »>e 


.-        . 

i-o 

taken:from  the  Cincinn.t,  Gaxette  and  Nnser  e 
,  yet,  notwithstanding  that 


tt 

of  hi.  conduct  in 


of  or  p 

consequence  of  that  affair  bfen  r'ecalled  TnTh'-re  P°r'er  ?a8'  in 
nation  should  know  the  true  position  X  £?££%"  'hat  the 
<lo»bl,  conceived  i,self  to  be  right  in  recS'lL  ex,ec..ut"r'!.  "° 
confident  tone  of  the  Commodore's  iS5t  th,r  '  ""1  ™  "le 
doubt  that  he  thinks  himself  ^J,"  ^Se  «£  "»  »  ''«'« 


«»— 

- 


NAVT  DEPARTMESTT,  27/A  ^«m&er,  I825. 

SIR  :  Your  letter  of  the  15th  November  last,  relating  to  the  ex 
raonhnary  transact.ons  at  Faxardo,  in  the  Island  of  PorloR  t,  on 

-of  that  month,  has  been  received  and  considered. 
DfOO    etv^h        /  atthlstime'  to  pronounce  an  opinion  on  the 

dea  ind  ?for  fh         fan  *  °?  y™T  P^  ^  their  imP°^^ce 

for  them  a  full  in  vestigafon,  and  you  will  proceed,  without 

SF         th'SPlaCe'   tofurnish  8«cb   explanations  as 
of  every  thing  connected  with  their  cause,  origin, 


progress,  and  termination.  For  that  purpose,  you  will  bring  with 
you  those  officers  whose  testimony  is  necessary,  particularly  Lieut. 
PJatt,  and  such  written  evidence  as  you  may  suppose  useful. 

You  will  return  in  such  convenient  vessel  as  may  be  best  spared 
from  the  squadron,  and  on  yourleaving  the  station,  you  will  deliver  the 
command  to  Captain  Warrington,  with  all  such  papers,  instructions. 
and  information,  as  may  be  useful  to  enable  him  in  the  most  effec- 
tual manner  to  accomplish  all  the  objects  for  which  the  vessels  now 
under  your  command  were  placed  there. 

I  am,  very  respectfully,  &c.  SAML.  L.  SOUTHARD. 

Com.  DAVID  PORTER, 

Commanding  U.  S.  Naval  forces.  West  Indies,  Gulf  of  Mexico,  &c. 

U.  S.  SHIP  JOHW  ADAMS,  Tliompton's  Island,  Jan.  30,  1825. 
SIR  :  I  have  the  honour  to  acknowledge  the  receipt  of  your  or- 
ders of  the  27th  tilt,  informing  me  of  your  reception  of  mine  of  the 
15th  of  November,  relating  to  what  yoa  have  been  pleased  to  term 
"  the  extraordinary  transactions  at  Faxardo,"  and  recalling  me  from 
my  command  for  a  full  investigation  of  my  conduct  in  that  affair. 

Agreeably  to  your  orders,  1  shall  leave  this  place  for  Washington 
"without  unnecessary  delay,"  and  have  taken  measures  to  obtain 
all  the  testimony  necessary,  and  SKC!I  written  evidence  as  I  suppose 
useful,  and  on  my  arrival  in  the  United  States,  shall  hold  myself 
ready  to  justify  my  conduct  in  every  particular,  not  only  by  the 
laws  of  nations  and  of  nature,  and  by  highly  approved  precedent, 
but,  if  necessary,  by  the  orders  of  the  Secretary  of  the  Navy. 

To  use  the  emphatic  language  of  Mr.  Adams,  "  by  all  the  laws 
':  of  neutrality  and  war,  as  well  as  of  prudence  and  humanity,"  I 
was  warranted  in  chastising  and  intimidating  the  authorities  of  a 
place  who  had  not  only  become  the  allies  and  protectors  of  outlaws 
and  pirates,  but  our  active  enemies,  by  the  imprisonment  and  forci- 
ble detention  of  an  American  officer,  while  in  the  performance  of 
his  duties.  "  There  will  need,"  (continues  Mr.  Adams,)  "  no  ci- 
"  tation  from  printed  treatises  on  international  law,  to  prove  the  cor- 
*«  rectness  of  this  principle.  It  is  engraved  in  adamant  on  the  com- 
"  mon  sense  of  mankind.  No  writer  upon  the  law  of  nations  ever 
«'  pretended  to  contradict  it ;  none  of  any  reputation  or  authority 
"  ever  omitted  to  insert  it. 

I  am  willing,  sir,  to  submit  my  conduct  in  this  affair  to  the  strict- 
est investigation,  and,  if  I  cannot  fully  justify  it,  I  shall  cheerfully 
submit  to  the  severest  punishment  that  can  be  inflicted.  But,  if  it 
shall  appear  that  the  motives  which  influenced  me  were  founded  in 
patriotism  ;  that  the  necessity  for  my  conduct  really  existed,  and 
that  "my  vindication  is  written  in  every  page  of  the  Jaw  of  nations, 
as  well  as  the  first  law  of  nature,  self  defence,"  I  shall  then  hope  that 
atonement  will  be  made  for  this  forcible  withdrawal,  for  an  alleged 
oiTence  from  my  command,  by  restoring  me  to  my  former  station,  and 
allowing  me  to  retire  from  it  in  a  manner  more  honourable  to  my- 
self and  country,  and  le.sr-  injurious  to  my  feelings  and  character. 


This,  sir,  will  be  an  act  of  justice  that  I  hope  will  not  be  denied 
to  me.  I  have  the  honour  to  be,  with  great  respect,  your  obedient 
serv't,  D.  PORTER. 

Hon.  &AMCE?.  L.  SOUTHARD,  Secretary  of  the  Nary. 


Extract  of  a  letter  from  Com.  Porter  to  the  Hon.  Secretary  of  the  Navy,  daiea 

WASHINGTON,  March  16,  1825. 

««  Officers  continue  to  make  to  me  their  reports,  and  to  request  of 

me  orders.     Not  knowing  tvhether  the  Department  still  consider 

me  in  command  of  the  West  India  squadron,  I  have  been  at  a  loss 

bow  to  act     Will  you  be  pleased  to  instruct  me  on  the  subject. 

"  I  have  the  honour  to  be,  with  great  respect,  your  obd't  serv't, 

"  D.  PORTER. 
•'  Hon.  SAX  L.  L.  SOUTHARD.* 

Extract  of  a  letter  from  Hon.  Sam.  L.  Southard  to  Cum.  Porter,  dated 
NAVY  DEPARTMENT,  IQlh  March,  1825. 

"  It  was  the  intention  of  the  Department,  in  ordering  Captaia 
Warrington  to  the  West  Indies,  to  relieve  you  from  the  command 
of  the  squadron  there." 

"I  am,  respectfully,  &c.  "SAML.  L.  SOUTHARD. 

•"Com.  DAVID  PORTER,  U.  S.  Navy — Present." 


-(No.  21.) 

GEORGETOWN,  May  21, 1825. 

SIR  :  After  mature  reflection,  I  regret  that  it  is  out  of  my  pow- 
er to  comply  with  the  request  made  on  your  behalf,  for  a  part  of 
the  record  of  the  proceedings  of  the  Court  of  Inquiry,  in  relation 
to  the  Faxardo  affair,  which  your  clerk  accidentally  omitted  to  copy. 
So  long  as  you  participated  in  the  proceedings  of  the  Court,  and  the 
investigation  remained  uncompleted,  I  considered  myself  as  author- 
ized to  communicate  to  you  the  proceedings  of  the  Court.  The  in- 
vestigation is,  however,  now  completed — the  record  has  been  trans- 
mitted to  the  Department,  and  is  beyond  ray  controul.  My  impres- 
sion is  that  I  am  not  at  liberty  to  communicate  my  private  notes  of 
the  proceedings  of  the  Court  under  these  circumstances,  particu- 
larly for  the  purpose  of  being  copied  without  the  knowledge  and 
consent  of  the  Government.  I  presume,  however,  that  on  an  ap« 
plication  to  the  Department,  a  more  correct  transcript  of  the  pro- 
ceedings of  the  Court  will  be  furnished  you,  than  it  is  in  my  power 
to  afford.  Very  respectfully,  your  obedient  servant, 

RICH'D  S.  COXE. 

Commodore  PORTER. 

(No.  '22  ) 

It  is  admitted  that  Mr.  Simpson,  representing  himself  as  acting  for 
Capt.  Porter,  called  on  me  at  my  house,  and  requested  to  be  fur- 
nished with  a  certain  part  of  the  evidence  given  before  the  Court  of 
Inquiry,  alleging  that  a  chasm  existed,  and  shewing  me  a  memoran- 


560 

dum  in  the  hand  writing  of  Captain  Porter,  by  which  it  appeared 
that  the  chasm  existed  in  the  testimony  of  Captain  Dallas,  which  is 
now  published  in  the  pamphlet  beginning  at  p.  25,  and  ending,  ac- 
cording to  my  recollection,  at  the  end  of  the  first  paragraph,  on  p.  27. 
Doubting  the  propriety  at  that  time  of  furnishing  my  private  notes  ; 
after  consulting  the  members  of  the  Court  of  Inquiry,  I  sent  the 
letter  of  the  21st  May,  as  my  answer  to  this  application.  On  the 
same  day  on  which  it  was  sent,  Lieut.  Farragut  came  into  the  room 
where  the  Court  of  Inquiry  was  engaged  in  the  second  subject  of 
investigation,  and  mentioned  to  me  that  Com.  Porter  wished  to  have 
the  letter  from  the  Secretary  of  the  Navy  to  the  Court,  referred  to 
in  the  proceedings  of  the  Court  of  Saturday,  May  7th.  I  replied  to 
him,  that  the  original  was  annexed  to  the  record,  and  transmitted 
to  the  Department,  nearly  a  fortnight  since,  and  that  I  had  no 
copy  ;  it  was  therefore  impossible  for  me  to  comply  with  the  appli- 
cation :  I  handed  to  Mr.  Farragut,  at  the  time  of  this  conversation, 
(whether  before  or  after  I  cannot  positively  say,  but  I  think  imme- 
diately after)  the  letter  which  was  then  written,  and  was  1  believe 
lying  on  the  table  sealed  when  he  came  in. 

The  foregoing  paper  was  handed  to  Capt.  Porter  by  the  Judge 
Advocate,  July  25th,  and  returned  by  him  on  the  26th. 


(No.  22.) 

WASHINGTOH,  July  27,  1825. 

SIR  :  In  answer  to  a  question  put  to  me  yesterday  by  the  Court 
Martial,  I  declined  giving  the  name  of  the  person  who  was  our  au- 
thority for  a  certain  paragraph  contained  in  the  Intelligencer  of 
May  5th.  My  unwillingness  to  answer  the  question  directly,  pro- 
ceeded not  from  a  belief  that  the  gentleman  concerned  would  feel 
himself  aggrieved  by  a  disclosure  of  his  name,  but  from  a  regard  for 
a  principle  which  I  deem  it  important  to  observe,  and  a  respect  for 
which  dictated  my  answer  to  a  similar  question  propounded  to  me 
by  the  Court  the  day  preceding,  in  reference  to  another  publication 
in  the  Intelligencer.  It  is  due  to  the  gentleman  who  communicated 
to  us  the  statement  embraced  in  the  paragraph  of  May  5th,  to  ac- 
quaint you  now  with  the  fact,  that  having  heard  of  my  refusal  to 
give  up  his  name,  he  immediately  addressed  to  me  a  note,  desiring 
unequivocally  that  I  should  not  be  restrained  by  any  considerations 
of  delicacy  towards  him,  from  giving  his  name  to  the  Court,  as  it 
was  his  intention,  in  marking  his  note  of  May  5th  "private,"  only 
to  withhold  his  name  froo*  the  newspaper. 

This  statement  is  due  to  the  frankness  of  the  gentleman  making 
the  communication,  and  you  will  have  the  gooflness  to  place  it  before 
the  Court,  although  I  do  not.  by  the  permission  which  he  gives,  feel 
myself  absolved  from  the  obligation  which  regulated  my  answer 
yesterday.  Very  respectfully,  your  obedient  servant, 

W.  W.  SEATON. 
RICHARD  S.  COXE,  Esq.  Judge  Advocate  Navy  Court  Martial. 


(No.  23.) 

OAKHILL,  July  25, 1825. 

SIR  :  I  have  answered  the  several  interrogatories  on  the  part  of 
the  U.  States,  and  of  Com.  Porter,  in  the  trial  now  depending  be- 
fore the  Court  Martial  at  Washington,  which  an«wer  I  now  enclose 
to  you,  with  the  documents  received  from  you  by  the  messenger. 
The  answer  has  been  sworn  to  before  a  magistrate  of  the  county. 
I  am,  sir,  with  respect,  your  very  obedient  servant, 

JAMES  MONROE. 
To  RICH'D  S.  COKE,  Esq.  Judge  Advocate. 


(No.  24.) 

Interrogatories  to  be  propounded  to  the  Honourable  James  Monroe, 
in  the  case  of  Captain  David  Porter,  now  in  the  course  of  trial,  be- 
fore a  General  Naval  Court  Martial,  at  the  City  of  Washington. 
INTERROGATORY  IST.  Are  the  accompanying  papers,  numbered 
one  and  two,  purporting  to  be  from  Captain  David  Porter  to  you& 
original  letters  received  by  you  from  him,  and  when  were  they  re- 
spectively received  ? 

INT'Y  2d  Is  the  paper  numbered  3,  a  copy  of  a  letter  written  by 
you  to  the  said  Captain  David  Porter,  in  reply  to  his  letter,  No.  1 , 
and  was  the  same  transmitted  to  him  ?  Have  you  any,  and  what 
reasons  for  believing  that  the  same  was  received  by  him  ? 

INT'Y  3o.  Has  it  been  a  usual  or  unusual  thing  for  a  Captain  in 
the  Navy  of  the  United  States,  to  solicit,  by  letter,  permission  to 
pay  his  respects  to  you  in  person  ?  If  the  latter,  are  you  acquaint- 
ed with  the  reasons  or  causes  which  induced  such  application  on 
the  present  occasion  ?  be  pleased  to  state  such  reasons  fully,  and 
in  detail. 

INT'Y  4TH.  Is  it  true,  as  is  stated  in  your  letter  No.  3,  that  the 
orders  which  were  given  to  Capt.  Porter,  relating  to  his  command 
in  the  West  Indies,  and  particularly  the  orders  to  Capt.  Porter,  in 
October  last,  to  return  to  his  station,  and  the  order  of  December 
last  recalling  him,  were  given  at  your  instance,  and  under  your  in- 
spection ;  and  have  you  any'  reasons  for  knowing  or  believing  that 
this  fact  was  known  to  Captain  Porter  ? 

INT'Y  STH.  Have  you  ever  seen  any  reason  to  believe,  or  to  dis- 
believe, that  the  Secretary  of  the  Navy,  in  his  official  correspon- 
dence with  Capt.  Porter,  indicated  any  hostility  to  Capt.  Porter,  or 
was  influenced  by  any  feeling  of  unkindness  ?  State  fully  such  facts 
and  circumstances  within  your  knowledge,  as  are  calculated  to  illus- 
trate this  question.  RICHARD  S.  COXE,  Judge  Advocate. 

1.  Please  to  say  whether,  in  the  latter  p^rt  of  June,  or  the  be- 
ginning of  July,  1824,  (or  about  that  time,)  you  sent  a  message  by 
Com.  Chauncey  to  me,  to  say  that  I  must  not  visit  you  until  after  I 
had  seen  the  Secretary  of  the  Navy,  then  absent ;  and  until  you 
had  received  some  explanation  as  to  the  cause  of  ray  return  from 
the  West  Indies  ? 

71 


2.  Were  you  not  induced  so  to  interdict  personal  communica- 
tion with  me,  in  consequence  of  having  received  the  impression  that 
I  had  left  the  West  India  station,  without  having  apprised  the  Navy 
Department  of  there  being  a  necessity  for  it  ? 

3.  Was  the  letter  from  the  Secretary  of  the  Navy  to  me  of  Oc- 
tober 21,  1824,  (a  certified  copy  whereof  is  annexed,)  containing  a 
peremptory  order  for  me  to  proceed   to  the  West  Indies,  in  the 
John  Adams,  contrary  to  my  express  and  known  wish  and  entreaty, 
and  explaining  the  reasons  for  giving  such   order,  written  or  dicta- 
ted by  yourself,  in  form  or  substance  ;  if  not,  was  it  shewn  to  you, 
and  by  whom,  before  it  was  despatched  to  me  ?     Please  state,  par- 
ticularly, by  whom  the  original  draught  of  this  letter  was  prepared. 

4.  Was  not  the  impression  you  had  received  of  my   having  de- 
parted from  the  strict  line  of  my  duty,  in  quitting  the  West  India 
station,  the  operative   inducement,   or  did  it  weigh  any  thing  with 
you,  in  either  writing  or  causing  to  be  written,  or  sanctioning  after 
being  written,  such  peremptory  order  to  go  out  in  the  John  Adams, 
instead  of  waiting  a  few  weeks  for  the  Constellation,  as  I  had  re- 
quested ? 

5.  Was  it  not  represented  to  you,  and  have  you  not  expressed 
yourself  as  having  received  the  impression,  that  I  had  only  vented, 
upon  the  authorities  and  people  of  Faxardo,  my  own   angry   feel- 
ings and  personal  pique,  at  having  been  ordered  out  in  the  John 
Adams,  in  the  manner  I   was  ;  or  something  to  that  effect  ?     Or, 
was  any  such  imputation  addressed  by  any  body  to  you,  or  utter- 
ed in  your  presence,  and  by  whom  ? 

6.  In  consequence  of  the  interdict  to  my  personal  intercourse 
with  you,  as  above  suggested,  in  my   first  interrogatory,  did  I  not 
forbear  to  call  on  you,  even  on  the  4th  of  July,  and  continually,  un- 
til afterwards  repeatedly  invited  to  do  so,  by  special  messages  from 
you  ? 

7.  When  and  where,  and  upon  whose  application,  did  you  com- 
municate and  deliver  to  the  Secretary  of  the  Navy,  the  said  letters 
of  the  10th  and  12th  of  March  last,  annexed  to  the  Judge  Advocate's 
interrogatories  ?     If  they  were  so  delivered,  on  a  written  applica- 
tion, please  annex  it  to  your  answer  ;  if  upon  a  personal  one,  please 
to  say  from  whom,  and  when  and  where  ? 

8.  Was  that  correspondence  so  communicated  with  an  intention 
that  it  should  be  deposited  among  the  Archives  of  the  Navy  De- 
partment, and  when  was  it  so  deposited  ? 

9.  Do  you  know  that,  at  the  time  I  wrote  you  the  said  letter  of 
the  2t)th  October,  1824,  mentioned  in  yours  of  the  12th  of  March 
last.  I  had  been  made  acquainted  with  the  fact  of  your  having  either 
originally  draughted,  or  dictated,  or  directly  approved  the  said  let- 
ter from  the  Secretary  ot  the  Navy,  of  the  2lst  of  the  same  month  ? 

Signed  under  the  protest  filed  and  reserved. 

D.  PORTER, 
WASHINGTON,  July  22rf,  1825. 


•563 

(No.  25.) 

Answers  of  James  Monroe  to  the  interrogatories  propounded  to  him 

in  the  case  of  Commodore  Porter,  in  the  trial  now  depending  before 

a  general  Court  Martial,  at  the  City  of  Washington. 

1st.  To  the  first  interrogatory,  on  the  part  of  the  United  States, 
I  answer,  that  the  letter  or  paper  numbered  one,  is  according  to  my 
recollection,  a  correct  copy  of  a  letter  from  Commodore  Porter  to 
me.  1  return  the  paper,  with  a  note  to  this  effect  on  it. 

The  letter  numbered  2,  is  an  original  letter  from  Commodore 
Porter  to  me.  They  were  both  received  about  the  time  of  their 
respective  dates. 

2d.  Answer  to  the  second  :  the  paper  numbered  three,  is  a  copy 
of  my  letter  to  him,  of  the  12th  of  March  last;  and,  as  1  believe,  a 
correct  one. 

3d.  Answer  to  the  third.-  It  was  not  usual  for  a  captain,  or  any 
officer  in  the  navy  or  army,  to  solicit  an  interview  with  me  by  let- 
ter. They  always  called  when  they  had  business  ;  and  generally 
on  their  arrival  in  town,  or  departure  from  it  ;  and  I  always  receiv- 
ed them  without  form,  when  I  happened  to  be  free  from  other  en- 
gagements. 

The  interview  in  the  instance  stated,  was  asked,  as  I  presume, 
inconsequence  of  my  having  recalled  him  from  the  command  in  the 
West  Indies,  on  account  of  the  attack  made  by  him  on  Faxardo,  in 
the  I-laud  of  Porto  Rico.  That  recall  implied  a  doubt  of  the  pro- 
priety of  his  conduct  in  making  the  attack,  which  had  never  been 
removed  by  any  intimation  from  me,  either  by  inviting  him  to  see 
me,  or  otherwise.  His  return,  occurring  so  short  a  time  before  I 
left  office,  1  deemed  it  improper  to  take  any  step,  in  regard  to  the 
•attack,  while  I  remained  in  office.  I  thought  it  more  just  and  candid 
towards  Commodore  Porter,  to  leave  the  affair  to  be  acted  on  by 
my  successor,  especially  as  the  measure,  in  connection  with  others, 
relating  to  him,  might  be  thought  to  involve,  in  some  degree,  the 
propriety  of  my  own  conduct. 

4th.  Answer  to  the  fourth.  The  orders  relating  to  the  com- 
mand of  Commodore  Porter  in  the  West  Indies,  from  the  commence- 
ment to  its  termination,  including  of  course  that  of  October  last, 
directing  him  to  return  to  his  station  ;  and  that  of  December,  re- 
calling him  from  it,  were  given  at  my  instance,  and  under  my  imme- 
diate inspection.  The  command  was  deemed  a  very  important  one, 
requiring  great  discretion  in  its  execution.  The  object  was  the 
suppression  of  piracy  ;  but,  in  stationing  a  naval  force  there,  I  knew 
that  it  would  attract  the  attention,  not  of  Spain  alone,  on  whom  it 
more  immediately  bore,  but  of  the  new  governments,  our  neighbours, 
to  the  south,  and  in  certain  respects  of  several  of  the  powers  of  Eu- 
rope, who  were  neutral  in  the  contest,  between  che  belligerent 
parties.  The  question  whether  free  ships  should  make  free  goods, 
the  extent  of  contraband  of  war,  the  transportation  of  specie,  and 
•ther  questions  of  the  kind,  necessarily  occurred,  when  that  force 


564 

was  detached  to  that  station,  for  the  special  object  designated. 
They  had  been  frequently  under  the  consideration  of  the  adminis- 
tration before,  and  were  brought  more  point  dly  before  it.  on  that 
occasion.  My  impression  is,  for  I  have  not  a  copy  of  the  instructions 
then  given,  that  they  were  drawn  with 'great  cure,  and  dictated  by  a 
desire,  rather  lo  err,  if  error  should  be  committed  on  the  side  of 
moderation,  than  to  risk  a  variance  with  any  of  th,»  parties  concern- 
ed. These  questions  were  to  be  settled  by  treaties,  and  especially 
•with  the  new  governments,  and  which  required  time.  My  intention 
was,  that  the  commander  of  the  squadron,  and  all  acting  under  him, 
should  take  nothing  on  themselves,  but  confine  themselves  to  the 
duty  spe  ially  injoined  on  them,  and  obey  strictly  their  orders. 

When  informed  in  June  last,  that  Commodore  Porter  had  left  his 
station,  and  returned  to  the  United  States,  I  asked  the  Secretary  of 
the  Navy,  by  what  authority  he  had  done  it  ?  had  leave  been  given 
Lim  ?  The  reply  was,  none  had  been.  I  then  asked,  did  his  origi- 
nal instructions  authorize  him  to  come  home  when  he  thought  fit  ? 
I  do  not  recollect  the  precise  answer,  or  that  any  such  was  given 
to  me,  but  my  impression  was,  that  they  did  not.  The  Secretary 
had  made  arrangements  for  his  departure  from  town,  on  a  visit  to  his 
family,  and  I  saw  no  reason  why  he  should  delay  it,  on  account  of 
the  arrival  of  Commodore  Porter.  Nothing  material,  more,  that  I 
recollect,  passed  between  us.  I  did  riot  not  see  him  again  before  his 
departure.  I  reflected  much  on  the  subjpct,  and  decided,  on  the 
next  morning,  the  course  which  I  shoul  1  pursue,  in  regard  to  Com- 
modore Porter.  I  arose  early,  and  sent  for  Commodore  Rodgers, 
and  w;i«s  informed  that  he  had  gone  to  Norfolk  :  I  then  sent  for  Com- 
modore Chauncey,  and  after  expressing  my  deep  regret,  that  Com- 
modore Porter  should  have  left  his  station  without  leave,  which 
was  the  only  question  I  made  in  the  case,  1  told  him  that  the  subject 
merited  inquiry,  and  that  as  the  Secretary  had  left  town,  1  could  not 
see  him  'till  the  Secretary  returned,  nor  until  I  should,  on  further, 
and  more  mature  consideration,  decide  what  course  should  be  taken 
in  this  case.  I  requested  him  to  see  Commodore  Porter  without 
delay,  and  to  prevent  his  calling  on  me  in  the  interim  ;  but  to  do  it 
in  the  most  delicate  manner  that  he  could,  for  having  high  respect 
for  his  services  and  merit,  and  a  personal  regard  for  him,  I  wished 
to  take  no  *tep  which  should  wound  his  feelings,  which  1  should  not 
be  compelled  to  do,  from  a  high  sense  of  duty  to  my  country,  and 
an  earnest  desire  to  support  the  credit  of  the  Navy.  An  interview 
between  Commodore  Chauncey  and  Commodore  Porter  took  place, 
whereby  an  interview  between  Commodore  Porter  and  me,  was 
prevented. 

In  conversations  with  Commodore  Rodgers,  after  his  return,  and 
with  Commodore  Chauncey,  who  made  friendly  explanations,  in  re- 
gard to  Commodore  Porter's  conduct  and  views,  and  in  considera- 
tion, also,  of  his  having  been  wounded  in  the  late  war,  and  an  inti- 
mation that  ho  then  suffered  from  the  wound,  1  thought  myselt'jus- 
tifiable,  especially  as  1  had  given  a  decisive  proof  of  the  sentiments 


565 

which  I  entertained,  of  his  return  from  his  station  without  leave, 
to  pass  the  affair  over  without  further  notice,  and  of  which  I  re- 
quested them  to  inform  him.  He  accordingly  called  afterwards, 
and  was  received  with  kindness.  My  desire  was,  that  he  should 
return  soon,  to  his  command  ;  but  I  do  not  recollect,  that  any  thing 
was  said  to  that  effect  by  me.  I  presumed,  that  what  had  already 
passed,  would  be  a  sufficient  proof  of  that  desire.  His  remaining 
however,  so  long,  in  the  country,  gave  me  concern,  especially  as 
we  were  repeatedly  advised  that  piracy  had  revived,  and  w;is  doing 
much  injury  to  our  commerce.  I  however  delayed  noticing  it  for 
sometime,  under  feelings  of  the  kind  stated,  and  in  expectation  also, 
which  I  continually  indulged,  that  he  would  soon  depart.  I  at  length 
requested  the  Secretary  to  instruct  him  to  resume  his  station  with- 
out delay,  and  to  do  it  in  the  John  Adams,  which  the  Secretary  did. 
To  this,  I  recollect  that  the  Commodore  gave  a  reply,  which  was 
deemed  highly  objectionable,  and  respecting  which,  I  had  great 
doubt  as  to  the  part,  regarding  the  office  1  then  held,  which  I  ought 
to  take.  On  great  consideration,  howeverj  I  decided  to  order 
him  immediately  to  his  post,  with  intention,  that  being  there,  and 
in  rule,  to  decide  afterwards,  what  it  would  be  proper  to  do  in  the 
affair.  In  taking  this  course,  I  yielded  to  feelings  that  were  favoura- 
ble to  him,  and  in  the  hope  that  his  conduct  at  his  station,  and  to- 
wards the  government,  would  be  such,  as  to  permit  the  whole  affair 
to  be  adjusted,  or  rather  to  be  passed  over  without  injury  to  the 
service. 

According  to  my  recollection,  1  drew  a  sketch  of  the  order  in 
question,  or  so  much  of  it,  as  to  give  a  distinct  idea  of  what  I  intend- 
ed, and  certain  I  am,  that  I  saw  the  letter,  that  of  the  21st  of  Octo- 
ber last,  before  it  was  sent. 

The  decision  was  soon  taken  after  the  affair  of  Faxardo,  to  recall 
Commodore  Porter,  that  being  present,  he  might  explain  the  cir- 
cumstances, and  reason  of  his  conduct.  I  saw  the  order  and  ap- 
proved it.  I  do  not  know  that  Commodore  Porter  was  acquainted 
with  the  fact,  further  that  in  speaking  of  the  subject  to  friends  af- 
terwards, I  frequently  mentioned  it,  and  that  I  intended  to  include 
that  with  the  other  orders  ;  and  particularly  the  order  of  October 
preceding,  in  the  letter  which  I  wrote  to  him,  after  I  retired  from 
office,  in  reply  to  his  already  noticed. 

5th.  I  never  saw  any  proof  of  unkind  feelings  in  the  Secretary  of 
the  Navy  towards  Commodore  Porter,  nor  have  I  any  reason  to  be- 
lieve, that  he  ever  acted  under  the  influence  of  such.  I  saw,  on 
the  contrary,  proof  of  a  different  disposition,  in  more  instances  than 
one.  Having,  from  the  considerations  above  stated,  been  very  at- 
tentive to  the  conduct  of  this  squadron,  from  the  beginning,  and  in- 
deed to  the  others,  in  other  seas,  and  prescribed  the  measures  to 
be  taken,  and  orders  to  be  given,  after  due  consideration  and  con- 
sultation with  those  on  whom  I  had  a  right  to  call,  I  was  anxious 
that  my  own  responsibility,  in  its  full  extent,  should  be  known  in 
every  instance,  and,  especially  to  those  concerned,  before  I  left  of- 


566 

fio« ;  and  it  was  on  that  principle,  that  I  expressed  mj'self  so  fully 
to  that  effect,  in  my  letter  to  Commodore  Porter,  in  March  last.  It 
was  on  that  principle,  that  I  deemed  it  proper  to  deposit  in  the  De- 
partment, before  I  left  town,  the  evidence  of  that  correspondence  ; 
consisting,  acccordingto  rny  recollection,  of  his  letter  to  me,  and  a 
eopy  of  my  reply. 

1st.  To  the  first  interrogatory  proposed  on  the  part  of  Com. 
Porter,  I  answer,  that  I  did  authorize  Com.  Chauncey  to  see  him, 
and  to  prevent  his  calling  on  me,  at  the  time  stated,  and  for  the  rea- 
sons that  are  particularly  and  fully  explained,  in  my  answer  to  the 
4th  interrogatory,  on  the  part  of  the  U.  States. 

2d.  I  took  the  step,  for  the  reasons,  stated,  in  reply  to  the  4th  in- 
terrogatory, ahove  referred  to. 

3d.  To  this  interrogatory,  an  answer  has  also  been  already  given* 
in  reply  to  the  4th  interrogatory,  on  the  part  of  the  U  States. 

4th.  To  this  interrogatory,  an  answer  has  likewise  been  given, 
in  reply  to  the  4th,  referred  to  above.  I  have  thought  it  better  to 
give  a  full  and  connected  explanation  of  the  measures  titken  in  the 
instances  in  question,  and  of  the  considerations  on  which  1  acted,  in 
reply  to  one  interrogatory,  which  embraced  several,  than  in  detail, 
in  reply  to  each. 

5th.  When  the  account  of  the  attack  on  Faxardo  was  received, 
much  remark  was  made  on  it,  and,  with  others,  that  of  the  kind  sug- 
gested. I  am  inclined  to  think,  that  1  made  it  myself  ;  but,  in  that 
ease,  to  some  friends  <jf  Com.  Porter's,  and  rather  in  a  confidential 
way,  than  otherwise,  tho?  certainly  under  no  injunction  to  that 
effect.  1  probably  mentioned  it  to  others,  in  the  same  spirit,  and 
particularly  to  the  members  of  the  administration,  or  to  some  of 
them.  The  answers  already  given  to  the  other  interrogatories, 
and  particularly  to  the  4th,  on  the  part  ofthe  U.  States,  and  the  do- 
cuments referred  to  in  them,  will  explain  the  cause,  to  which  such 
an  idea  is  to  be  attributed,  which,  however,  was  merely  incidental 
and  casual.  I  do  not  recollect  receiving  any  letter  suggesting  that 
idea,  nor  do  I  believe  that  I  did,  tho'  it  is  possible  thatl  might. 

6th.  To  this  interrogatory,  an  answer  has  already  been  given. 

7th.   To  this,  also,  an  answer  has  been  given. 

8th.  The  correspondence  was  deposited  in  the  Navy  Depart- 
ment, as  a  document  relating  to  my  public  conduct,  in  an  occurrence 
interesting  to  others,  as  well  as  to  the  public,  to  be  used  only  for 
pubhc  purposes,  should  such  present  themselves,  to  make  the  use 
thereof  proper  and  necessary.  I  readily  admit,  that  Com.  Porter 
did  rot  ask  the  interview  for  any  purpose  other  than  that  stated  in 
his  reply  to  my  letter ;  but  still  I  thought  it  more  consistent  with 
the  part  1  had  acted,  in  that  affair,  and  with  what  I  owed  to  him,  as 
well  as  to  others,  to  decline  the  interview,  to  state  to  him  the  part 
1  had  acted  in  the  concerns  in  question,  and  to  deposit  the  evidence 
thereof,  for  the  purpose  stated,  in  the  Department,  while  I  was  at 
Washington. 

9th.  1  had  never  seen  Com.  Porter,  after  the  date  of  his  letter  te 


me  of  October  26th,  nor  made  to  him  any  communication  by  letter, 
and  therefore  do  not  know  that  he  was  apprised  of  the  particular 
interest  which  I  had  taken,  and  of  the  part  I  had  acted,  in  regard  to 
the  letter  from  the  Secretary  of  the  Navy  to  him,  of  October  last,  re- 
ferred to  in  this  interrogatory.  The  subject  being  delicate,  and  in- 
teresting in  many  views,  I  never  spoke  of  it  but  in  a  guarded  man- 
ner, unless  to  friends,  and  among  them,  some  whom  I  knew  to  be  his 
friends  also,  and  with  a  view  to  produce  a  good  effect,  in  relation  to 
the  interests  and  parties  above  referred  to. 

JAMES  MONROE. 

Virginia,  London  County,  set. 

This  day,  James  Monroe  personally  appeared  before  me,  John 
Bayly,  a  Magistrate  of  the  said  County,  and  made  oath  that  the  facts 
stated  in  his  several  answers  contained  in  this  sheet  marked  (3  )  and 
two  other  sheets,  one  of  which  is  marked  (1,)  and  the  other  (2,) 
are  true  to  the  best  of  his  knowledge  and  belief. 

Given  under  my  hand  and  seal  this  25th  day  of  July,  in  the  yeafc 
1825.  J.  BAYLY,  [Seal.] 


No.  1.     (No.  26.) 

Captain  Porter  presents  his  respects  to  Mr.  Monroe  and  asks  (if 
agreeable)  when  he  may  have  the  honour  to  pay  his  respects  to 
him. 

This  request  would  have  been  made  at  an  early  period,  but  for 
the  recent  changes  in  the  Government,  which  have  no  doubt  fully 
occupied  the  Executive,  and  but  for  the  hope  entertained  by  Cap- 
tain Porter,  that,  ere  this,  be  would  have  been  afforded  an  opportu- 
nity of  explaining  his  conduct,  and  be  enabled  to  present  himself 
to  Mr.  Monroe,  free  from  censure.  The  desire  of  paying  his  re- 
spects and  taking  his  leave  of  his  late  Chief  Magistrate,  and  as  he 
has  had  reason  to  believe,  friend,  has  overcome  all  other  considera- 
tions. 

March  10th,  1825. 

I  certify  the  foregoing  to  be  a  true  copy  from  the  original  in  this 
Department.  CHAS.  HAY,  Chief  Clerk. 

NAV*  DEPARTMENT,  July  6,  1825. 

[This  is  the  letter  referred  to  in  my  answer  to  the  first  interrogatory  on  the 
part  of  the  U.  States.]  JAMES  MONROE. 


(No.  27.) 

WASHINGTON,  \2thMarch,  1825. 

SIR  :  I  received  your  Note  of  the  10th  in  the  spirit  in  which  it 
was  written,  that  of  kind  feeling  for  one,  under  whom  you  have 
acted  for  the  last  eight  years,  and  who  has  now  retired  to  private 
life.  I  should  most  willingly  meet  you,  and  receive  the  explana- 
tions which  you  are  disposed  to  give,  but  for  reasons  which  1  will 
frankly  communicate  to  yotf. 


568 

AH  the  orders  which  were  given  you,  relative  to  your  command 
in  the  West  Indies,  were  given  by  the  Secretary  of  the  Navy,  at 
my  instance,  and  under  my  inspection.  They  were  dictated  by  a 
sense  of  duty  to  my  country,  and  with  no  unkind  feelings  towards 
you.  Your  letter  of  the  26th  of  October,  1824,  to  me,  from  New 
Castle,  was  received  shortly  after  its  date,  and  to  which  I  deemed 
it  improper  to  give  any  reply.  It  has  become  the  duty  of  my  suc- 
cessor, to  examine,  and  decide,  on  that  important  subject  in  all  its 
parts,  in  the  manner  which  shall  appear  to  him  most  proper.  la 
this  stage,  although  retired  to  private  life,  I  do  not  think  .that  I 
ought  to  interfere,  or  to  receive  any  explanations,  relative  to  trans- 
actions, in  which  our  country  is  interested,  over  which,  another 
has  control,  and  in  which  I  have  no  concern. 

Holding  in  high  estimation  your  gallantry,  and  patriotism,  I  beg 
you  to  be  assured  of  my  good  wishes  for  your  welfare,  and  that  of 
your  family,  (Signed)  JAMES  MONROE. 


(No.  28.) 

MERIDIAN  HILL,  12/ft  March,  1825. 

RESPECTED  SIR  :  1  have  received  your  highly  esteemed  letter  of 
this  day,  and  feel  much  gratified  at  the  friendly  sentiments  and  as- 
surances it  expresses.  I  can  only  beg  leave  to  assure  you,  that  you 
will  carry  with  you  in  your  retirement,  the  best  wishes  of  a  grate- 
ful and  affectionate  heart. 

I  regret  to  observe,  that  you  are  under  wrong  impressions  as  to 
the  object  of  my  Note.  Nothing  was  further  from  my  wishes  or 
intentions,  than  to  make  any  explanations,  or  touch  on  any  subject 
of  an  unpleasant  nature,  to  you.  I  should  have  made  the  request 
to  see  you  at  an  earlier  period,  but  for  the  most  scrupulous  delica- 
cy, not  wishing  it  for  an  instant  to  be  believed  by  any  one,  that  I 
sought  protection,  or  to  give  the  slightest  grounds  for  such  belief. 
I  feel  confident  of  the  correctness  of  my  conduct  throughout,  and 
am  satisfied  that  the  Executive  will  approve  it,  when  I  shall  have 
an  opportunity  of  explaining. 

My  visit  to  you  was  intended  as  one  of  pure  personal  respect, 
and  unconnected  with  any  considerations  of  a  selfish  nature,  only 
go  far  as  my  feelings  were  concerned  ;  1  was  not  certain  whether 
it  would  be  acceptable,  and  desirous  of  guarding  against  any  thing 
disagreeable  to  you,  1  thought  it  advisable  to  address  you  a  Note. 

T"he  circumstance  which  caused  me  to  address  you  from  New 
Castle,  I  regret  most  sincerely,  and  I  do  assuse  you.  that  it  would 
give  me  more  pleasure  to  learn  that  1  was  in  error,  than  to  believe 
that  my  impressions  at  the  time  of  wrifing,  were  correct.  The  se- 
rious charge  brought  against  me,  and  the  consequences  of  it,  I  did 
not  think  I  merited.  The  very  rircum^anre  of  claiming  your  pro- 
tection, was  of  itself  an  evidence  that  I  did  not  think  you  actuated 
by  any  unfriendly  ieelings  towards  me,  but  I  did  think  you  wa* 


569 

under  wrong  impressions,  which  caused  me  to  inclose  you  the  copy 
of  a  letter,  which  I  was  charged  with  having  neglected  to  write. 

I  hope,  at  some  future  period,  I  shall  have  an  opportunity  to 
assure  you,  in  person,  of  the  high  respect  and  consideration  with 
which  I  have  ever  held  your  exalted  character  and  virtues. 

With  sentiments  of  the  utmost  respect,  your  obedient  servant, 

D.  PORTER! 

MR.  MONROE.  

I  certify  the  foregoing  to  be  true  copies  from  the  original  on  file 
in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVY  DEPARTMENT,  6//t  July,  1825. 


(No.  29.) 
NAVY  DEPARTMENT,  21s/  October,  1824. 

SIR  :  Your  letter  dated  the  19th  inst.  has  created  surprise.  Look- 
ing to  the  good  of  the  service,  every  attention  has  been  shewn  to 
you  which  your  station  required,  and  which  could  be  dictated 
by  a  just  estimation  of  your  public  service. 

The  command  which  was  given  to  you,  at  your  earnest  request, 
en  the  first  of  February,  1823,  was  a  highly  important  one.  Your 
conduct  in  discharge  of  its  duties,  satisfactory  to  the  President. 
The  interval  since  you  left  that  station,  has  been  interesting,  and 
it  is  understood  that  piracy  has  revived,  and  is  making  extensive  ra- 
vages on  our  commerce. 

Communications  have  been  made  to  you,  to  apprise  you  fully  of 
this  fact.  The  presence,  there,  of  an  officer  of  rank  and  experi- 
ence is,  of  course,  necessary.  The  size  of  the  vessel  in  which  he 
sails  is  matter  of  small  moment,  and  must  depend  upon  circumstan- 
ces. You  are  aware  of  the  intention  to  send  the  .Constellation  to 
that  station  as  soon  as  she  can  conveniently  be  prepared. 

Your  return  to  this  place  without  permission,  or  apprizing  the 
Department  of  a  necessity  for  it,  was  unexpected  ;  but  no  complaint 
has  heretofore  been  made  of  your  remaining  here,  because  it  was 
believed  that  your  health  was  not  perfectly  good,  and  your  shoulder 
lame  and  painful. 

But  this  obstacle  has  been  removed,  and  had  you  earlier  apprized 
the  Department,  that  you  considered  this  place  within  the  limit*  of 
your  station,  that  the  command  has  ceased  to  be  pleasant  to  you, 
and  that  you  were  apprehensive  of  the  climate,  you  would  have 
been  relieved,  and  a  successor  appointed.  But  having  failed  to  givg 
this  information,  and  the  presence  of  a  commander  on  the  station 
being  now  indispensable,  you  will  proceed  to  it. 

When  it  is  convenient  to  the  Department,  your  wish  to  be  reliev- 
ed shall  be  gratified.  Upon  a  reperusal  of  your  orders,  you  will 
find  that  no  intimation  is  given,  that  Thompson's  Island  alone  is  to 
be  considered  as  the  station,  and  that  you  are  to  remain  stationary 
there,  nor  that  you  are  to  lead  in  person  every  expedition  fitted 
out  from  it. 

72 


570 

1  purposely  abstain  from  comment  upon  certain  matters  in  yonr 
letter.  You  will  hereafter  hear  from  the  Department  on  this  subject 
I  am,  very  respectfully,  &c. 

(Signed)  SAML.  L.  SOUTHARD. 

Com.  DAVID  PORTER,  Comtfg  U.  S.  Naval  forces,  West  Indies,  Sic.  present. 

I  certify  that  the  foregoing  is  a  true  copy  from  the   original  oa 
file  in  this' Department.  CHAS.  HAY,  Chief  Clerk. 

NAVT  DEPARTMENT,  July  6,  1825. 


(No.  30.) 

NAVY  DEPARTMENT,  19/A  August,  1823. 

SIR  :  In  the  last  paragraph  of  your  letter,  dated  the  1st  inst.  transmit- 
ted by  the  U.  S.  Schooner  Ferret,  you  mention  tint  circumstances 
will,  towards  the  full,  render  your  return  to  the  United  States  for  a 
short  period  necessary  ;  you  will  please  to  avail  yourself  of  the  time 
most  suitable  for  this  purpose,  and  return  to  the  United  States  in 
the  manner  most  convenient  to  jourself,  and  least  prejudicial  to  the 
interests  of  the  service.  I  am,  very  respectfully,  &c. 

(Signed,)  SMITH  THOMPSON. 

Com.  DAVID  POUTER,  Conun'g  U.  S.  A'aval  Forces,  West  Indies,  Sfe. 

I  certify  the  above  to  be  a  true  copy  from  the  records  of  this  De^ 
jwrtment.  CHAS.  HAY,  Chief  Clerk. 

NAVTC  DEPARTMENT,  29//i  July,  1825. 


(No.  31.) 
NAVT  DEPARTMENT,  29/A  September,  1823. 

My  DEAR  SIR  :  This  letter  will  be  handed  to  you  by  Commodore 
Rodgers.  The  object  of  his  visit  to  Thompson's  Island,  will  be  fully 
communicated  to  you  by  him.  The  various,  and  in  many  points, 
contradictory  reports  respecting  the  condition  of  the  station,  the 
uncertainty  whether  you  still  live,  the  deepest  anxiety  for  your 
safety,  the  desire  to  furnish  speedy  relief,  and  acquire  full  informa- 
tion respecting  the  health  of  the  station,  and  its  fitness  as  a  rendez- 
vous during  the  sickly  season,  and  the  fear  that,  debilitated  as  you 
are,  you  could  not  secure  that  information  for  us,  have  prompted 
the  wish  that  Com.  Rodgers  should  undertake  the  expedition,  and 
have  induced  him  cheerfully  and  voluntarily  to  enter  on  its  per- 
formance. 

He  will  find  united  in  it  the  sacred  offices  of  private  friend- 
ghip  and  public  duty.  A  report  that  your  health  is  restored,  will 
give  to  me  individually,  and  to  the  nation  at  large,  most  sincere 
gratification.  I  am,  very  respectfully,  &c. 

SAM'L.  L.  SOUTHARD. 
Capu  DAVID  PORTER,  Comrufg  U.  S.  Naval  Forces,  West  I.  Gulf  of  Mexic*. 

I  certify  the  above  to  be  a  true  copy  from  the  records  of  this 
Department.  CHAS.  HAY,  Chief  Clerk. 

DEPARTMENT,  29  ik  July,  182  j. 


571 

(No.  32.) 
Extract  of  a  letter  from  the  Hon.  Secretary  of  the  Nary,  dated  Sept.  30/A,  1828." 

"  The  uncertainty  and  anxiety  which  prevail  as  to  your  own 
health,  and  the  health  of  the  squadron,  and  a  desire  to  furnish  the 
best  assistance,  and  procure  information  which  may  be  a  safe  guidtr 
on  all  future  occasions,  are  the  inducements  to  this  measure. 

The  orders  of  Commodore  Rodgers  will  be  communicated  to  you 
en  his  arrival,  and  you  will  render  all  the  aid  which  your  health  will 
permit,  in  accomplishing  the  object  of  his  visit.  It  is  intended 
that  you  shall  remain  in  command  of  the  station,  or  return  home  as 
your  health  may  require,  and  your  inclination  prompt  Commodore 
Rodgers  will  return  immediately  after  he  shall  have  accomplished 
the  object  of  his  visit. 

(No.  33) 

&opy  of  a  letter  from  Com.  Isaac  Chauncey,  acting  for  the  Secretary  of  the 
JVoz-y,  to  Com.  Porter,  dated  28//t  Oct.  1823. 

NAVY  DEPARTMENT,  2&ih  October,  1823. 

SIR  :  Your  letter  of  the  27th  inst.  has  been  received.  On  your 
recovery  from  a  dangerous  illness,  produced  by  great  exposure, 
and  much  suffering,  you  will  be  pleased,  sir,  to  accept  my  sincere 
congratulations. 

In  conducting  the  movements  of  the  squadron,  intrusted  to  your 
charge,  you  have  displayed  that  intelligence,  promptitude  and  vi- 
gour, which,  effectually  arresting  the  depredations  of  the  freeboot- 
ers, have  afforded  security  to  our  trade,  and  justly  entitle  you  to  the 
unqualified  approbation  of  this  Department,  and  to  the  thanks  of 
your  country. 

The  conduct  of  the  officers  and  men  under  your  command  has 
been  such  as  might  have  been  expected,  from  the  example  of  their 
Chief;  and  you  will  be  pleased,  sir,  to  assure  them  of  the  conside- 
ration in  which  their  services  are  held,  and  the  high  sense  enter- 
tained oftheir  devotion  to  a  moat  arduous  and  dangerous  service. 

The  want  of  medical  aid,  of  which  you  so  justly  complain,  will 
claim  the  early  and  special  attention  of  this  Department. 

If  the  state  of  your  health  will  permit,  you  will  take  upon  your- 
self the  general  superintending  direction  of  the  equipment  of  the 
vessels  of  your  squadron,  now  at  this  Yard,  and  at  Norfolk.  Let 
their  Commanders  report -to  you  their  wants,  that  you  may  make 
them  known  to  the  Board  of  Navy  Commissioners,  who  will  cause 
every  requisite  supply  to  be  furnished. 

I  am,  very  respectfully,  &c 

For  the  Secretary  of  the  Navy — 

(Signed)  I.  CHAUNCEY. 

DAVID  PORTER,  Esq.  Commanding  a  Squadron  of  Ships  and  Vessels 
stationed  in  the  West  Indies  and  Gulf  of  Mexico. 

I  certify  the  above  to  be  a  true  copy  from  the  records  of  this  De- 
partment. CHAS.  HAY,  Chief  Cleric. 
NAVY  DEPARTMENT,  29/ft  July,  1825. 


572 

(No.  34.) 

Extract  of  a  letter  from  Commodore  Porter  to  the   Hori'ble  Secretary  of  the 
Aary,  dated  Nov.  19//1,  1823. 

"  Should  the  gradual  withdrawal  of  the  small  vessel*  take  place, 
I  beg  leave  to  suggest  that  a  frigate,  in  addition  to  the  two  sloops  of 
war,  now  attached  to  the  squadron,  is  due  to  the  character  of  our 
service,  to  the  respectability  of  our  flag  in  that  quarter  of  the  world, 
and  would,  by  the  convenience  she  would  afford  to  our  open  boats, 
in  the  pursuit  of  pirates,  offer  the  most  certain  means  of  keeping 
?hem  in  check." 


(No.  35.) 

Extract  of  a  letter  of  Instructions  from  the  Honyble  Secretary  of  the  Navy,  dated 
December,  1823. 

"  It  is  the  intention  of  the  Department  to  increase  the  force  un- 
der your  command,  as  soon  as  it  can  be  effected  :  to  this  end,  the 
frigate  Congress  will,  after  her  arrival  in  the  United  States,  be  or- 
dered to  join  you;  and,  in  the  course  of  the  spring,  one  or  more 
sloops  of  war  will  be  added  to  those  already  with  you." 

(No.  36.)        (Copy.) 

NAVY  DEPARTMENT,  May  llth,  1824. 

SIR  :  Congress  has  not,  until  within  a  few  days,  passed  an  appro- 
priation law  for  the  current  year.  This  will  account  to  you  for  one 
or  two  of  the  drafts  of  Purser  Thornton  not  having  been  honoured, 
and  for  the  delay  in  preparing  the  vessel  to  join  you.  It  was  im- 
possible without  funds,  to  fit  out  the  Hornet  or  the  Porpoise,  and 
to  prepare  a  larger  vessel.  There  will  be  now  as  much  activity  aa 
possible,  but  it  is  feared  one  cannot  be  prepared  in  time  to  reach 
you  before  the  sickly  season  commences.  It  shall  however  be  done 
if  possible. 

Upon  a  call  by  Resolution,  the  proceedings  of  the  Court  Martial 
which  tried  Lieutenant  Kennon  have  been  sent  to  Congress,  anil 
they  will  be  published  in  a  few  days. 

1  am,  very  respectfully,  &c. 

(Signed)        SAML.  L.  SOUTHARD. 

Coon.  DAVID  PORTER,  T/iompson's  Island. 

(No.  37.) 

SEA  GULL,  Matanzas,  28l/i  Mai/,  1824. 

SIR  :  I  regret  to  be  under  the  necessity  of  informing  you  that  the 
fever  has  made  its  appearance  on  the  Island,  and  that  the  inability 
of  the  acting  surgeon's  mate  in  charge  of  the  medical  department 
there  to  attend  to  his  duty  from  sickness,  renders  his  return  to  the 
north  necessary.  I  have  sent  another  to  take  his  place,  but  this 
leaves  us  deplorably  off  for  medical  men. 


373 

I  purpose  removing  the  principal  part  of  the  forces  to  the  north, 
about  the  middle  of  next  month,   as  the  only  means  of  guarding 
against  the  consequences  of  a  deficiency  of  surgeons. 
I  have  the  honour  to  be,  with  great  respect,  your  ob't  serv't, 

(Signed,)  D.  PORTER. 

Honourable  SAML.  L.  SOUTHARD,  Secretary  of  the  Navy. 

I  certify  the  foregoing  to  be  a  true  copy  of  the  original  on  file  in 
this  Department.  CHAS.  HAY.  Chief  Clerk. 

DEPARTMENT,  July  6,  1825. 


(No.    38.)          (Copy.) 

NAVT  DEPARTMENT,  May  3l«/,  1824. 

SIR  :  Your  letter  of  the  4th  of  May  has  been  received.  The 
Decoy  will  be  prepared  to  return  to  you  as  speedily  as  possible. 
No  provision  has  been  made  for  the  repairs  of  the  Greyhound,  and 
it  is  probable  that  she  will  be  laid  up  or  sold.  When  any  vessels 
are  ordered  home  for  repairs,  they  must  be  reported  to  the  Depart- 
ment, that  orders  may  be  issued  for  the  purpose. 

The  amount  of  force  at  this  time,  on  the  station,  is  less  than  was 
intended  ;  but  the  delay  in -passing  the  appropriation  law,  has  ren- 
dered it  impossible  to  send  to  you  either  the  Hornet  or  the  Porpoise. 
They  will  both  be  despatched  now,  as  soon  as  they  can  be  prepar- 
ed. This  delay  is  the  more  to  be  regretted,  as  the  Hornet  must 
either  encounter  the  rainy  season,  or  not  go  to  the  Coast  of  Africa, 
as  was  originally  designed.  You  have  now  under  your  command 
the  John  Adams,  Hornet,  Spark,  Porpoise,  Shark,  Sea  Gull,  Decoy, 
and  seven  small  Schooners,  in  all  fourteen  vessels,  exclusive  of  the 
Barges.  I  did  intend  to  send  a  larger  vessel  than  any  of  them,  but 
the  amount  of  the  appropriation  and  the  time  it  was  made,  will  pro- 
bably put  it  out  of  my  power.  It  shall  still  however  be  done,  if  it 
can  be  accomplished.  I  regret  the  state  of  your  medical  aid  ;  you 
have  now  eleven  medical  officers  attached  to  the  station  ;  and  with- 
in ten  months  past,  there  have  been  under  your  command  no  less 
than  five  Surgeons  and  seventeen  Surgeons  mates,  many  of  them 
acting  a?  Surgeons  and  fitted  for  the  office.  With  such  numbers 
your  medical  assistance  ought  not  to  have  been  so  reduced  as  you 
state  it  to  be  at  present.  Neither  these,  nor  other  officers  must  be 
permitted  to  leave  the  station  for  light  excuses  ;  if  they  are,  it  will 
be  impossible  for  the  Department  to  keep  the  station  supplied.  All 
that  can  be  done  with  the  numbers  for  which  provision  is  made  by 
law,  will  be  done.  In  the  mean  time,  those  with  you  must  be  re- 
tained, unless  absolute  necessity  compels  them  lo  leave  you. 

I  am,  very  respectfully,  &c. 

(Signed)  SAM'L  L.  SOUTHARD. 

Qom,  DAVID  PORTER,  Wttt  Indie*. 


574 

(No.  39.) 

WASHINGTON,  J5//i  June,  1824. 

SIR  :  I  have  the  honour  to  inform  you  that  I  arrived  here  yester- 
day in  the  Sea  Gull,  from  the  Coast  of  Cuba,  in  9  days,  and  shaU 
be  prepared  to  return  to  the  West  Indies  so  soon  as  the  season  will 
render  it  safe  to  do  so,  and  my  health,  which  requires  a  respite 
from  the  effect  of  a  tropical  climate  will  admit. 

My  former  communications  have  apprized  you  of  my  intention 
of  removing  most  of  the  vessels  under  my  command  to  the  North 
during  the  sickly  season.  Orders  have  been  given  by  me  on  the 
subject,  and  every  arrangement  made  to  give  as  much  protection  to 
our  commerce,  as  the  force  remaining  on  the  station  will  admit. 

1  had  purposed  sailing  from  New-York,  and  visiting  in  my  way 
out,  as  heretofore,  the  windward  Islands,  so  soon  as  I  can  get  a  suf- 
ficient force  together,  and  leaving  a  small  detachment  in  the  neigh- 
bourhood of  St.  Thomas,  for  the  protection  of  our  commerce  there, 
where  it  was  asked  for  by  our  merchants  when  I  last  visited  that 
place. 

The  John  Adams,  it  is  probable,  will  require  heaving  out  on  her 
return,  which  will  be  in  a  week  or  two,  which  will  leave  me  with 
only  one  sloop  of  war. 

As  the  health  of  Captain  Wilkinson  required  his  return,  I  have 
left  Lieut.  Oellets  in  command  at  Thompson's  Island,  with  full  in- 
structions as  to  the  duties  to  be  performed  there  ;  and  I  have  left 
all  necessary  orders  also  for  the  commanders  of  such  vessels  as  may 
arrive  during  my  absence. 

The  Hand  promises  to  be  healthy  this  season.  I  have  left  about 
sixty  officers  and  men  there,  but  I  am  sorry  to  say  I  had  only  a  sur- 
geon's mate  to  leave  to  attend  them  during  the  sickly  season. 

I  have  during  this  season  greatly  improved  the  comfort  and  con- 
dition of  the  Island,  nnd  thereby  lessened  that  repugnance  to  re- 
maining there  which  formerly  existed  among  both  officers  and  men. 

I  shall  proceed  to  New- York  in  a  few  days,  to  hasten  the  despatch 
of  the  stores  for  the  squadron  and  Island  which  are  preparing  there, 
and  which  are  much  required. 

If  there  are  any  instructions  from  the  Department  affecting  my 
various  duties,  I  shall  be  happy  to  be  furnished  with  them  as  early 
as  possible. 

I  have  the  honour  to  be,  sir,  your  obedient  servant, 

(Signed,)  DAVID  PORTER. 

Hon.  SAMUEL  L.  SOUTHARD. 

I  certify  that  the  foregoing  is  a  true  copy  from  the  original  on  file 
in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVT  DEPARTMENT,  July  6,  1825. 

(NoTTo.) 

NAVY  DEPARTMENT,  29ih  June,  1824. 
SIR  :  I  have  the  honour  to  transmit  to  you  herewith  copies  of 


575 

fetters  bearing  date  the  23rd  of  April,  15th,  17th,  24th,  and  two  of 
the  31st  May  1824,  addressed  to  you  at  Thompson's  Island,  which 
it  is  presumed  you  have  not  received,  and  to  which,  I  beg  leave  to 
Gall  your  attention. 

Should  I  find,  upon  further  examination,  any  more  which  possibly 
may  not  have  been  transmitted  in  time  to  reach  you,  copies  shall 
be  immediately  furnished. 

I  am,  very  respectfully,  &c. 

(Signed,)  CHARLES  HAY, 

Coramo.  D.  PORTER,  For  the  Secretary  of  the  JYVrry. 

Commanding  Weil  India  squadron,  Present. 

I  certify  that  the  foregoing  is  a  true  copy  from  the  original  oij 
file  in  this  Department.  CHAS.  HAY,  Chief  Clerk. 

NAVI  DEPARTMENT,  July  6,  1825. 


(No.    41.) 
9opy  of  a  letter  from  Commodore  David  Porter  to  the  Hon.  Secretary  of  the  Navy, 

dated,  WASHINGTON,  August  llth,  1824. 

"  SIR  :  Understanding  it  to  he  the  intention  of  the  government  ta 
give  me  a  ship  suited  to  my  rank  in  the  service,  I  have  ordered 
the  John  Adams  to  proceed  to  the  West  Indies,  and  thence  to  the 
Gulf  of  Mexico,  for  the  protection  of  our  commerce,  where  her 
services  are  much  wanted.  Should  a  Frigate  be  selected,  I  beg 
leave  to  state  that  it  will  be  most  agreeable  to  me  that  there  should 
be  no  commander  appointed  to  her,  as  I  should  wish  the  particular 
and  personal  command  to  be  vested  in  myself  alone. 

1  also  beg  leave  to  observe  that  a  flag  or  fleet  Captain  to  the  squad- 
ron may  be  dispensed  with  ;  if  I  can  be  allowed  to  select  an  intelli- 
gent Lieutenant  to  relieve  me  from  many  of  the  details  of  the  squad* 
ron  ;  for  the  present  the  services  of  Captain  Finch  are  necessary 
to  me,  but  I  shall  not  want  him  long,  and  it  is  his  wish  to  retire  from 
the  situation  so  soon  as  I  can  otherwise  provide  myself. 

1  shall  be  glad  to  be  apprized  as  early  as  possible  of  the  ship  in- 
tended for  me,  that  I  may  give  my  personal  attention  to  our  outfits." 

1  have  the  honour  to  be,  with  great  respect,  your  obd't  serv't, 

(Signed,)  D.  PORTER. 

(No.  42.) 

Extract  of  a  letter  from  Cltarlet  Hay,  Esq.  to  Captain  D.  Porter,  dated 

GEORGETOWN,  D.  C.  nth  Sept.  1824. 

'*  I  have  heard  from  the  Secretary,  who  has  ordered  the  Con- 
stellation to  be  fitted  for  you,  and  authorized  me  to  tell  you  so. 
But  as  she  is  not  officially  ordered  to  you  as  yet,  I  would  not  inter- 
fere with  her.  However,  of  this  you  are  the  best  judge.  Your 
letters  abourtnoney,  have  been  received,  and  will  be  submitted  to 
the  Secretary  on  his  return  ;  in  the  mean  time  Thornton  can  supply 


you  with  what  is  necessary.  The  Secretary  is  very  anxious  that 
you  should  be  out  again,  with  as  little  delay  as  possible,  and  will  no 
doubt  facilitate  your  preparatory  operations.  " 

(Signed,)  Your  friend  and  ob't  serv't, 

CHAS.  HAY. 
Capt.  D.  PORTER,  Chtster,  Pennsylvania. 


(No.  43.) 
NAVT  DEPARTMENT,  14  October,  1824. 

SIR  :  It  is  deemed  expedient  by  the  Executive,  that  you  proceed 
as  speedily  as  possible  to  your  station,  in  the  John  Adams,  that  by 
your  presence  there  the  most  efficient  protection  may  be  afforded 
to  our  commerce,  and  you  may  be  ready  to  meet  any  contingencies 
which  occur. 

The  Constellation  will  be  fitted  for  sea  and  sent  to  you  as  speedi- 
ly as  possible. 

1  enclose,  by  the  order  of  the  President,  an  extract  from  a  letter 
lately  received  from  the  Island  of  Cuba  ;  you  will  consider  it  con- 
fidential, and  to  be  used  for  your  information,  so  far  as  you  may 
find  it  useful. 

With  the  Constellation,  directions  will  be  sent  for  you  to  proceed 
to  the  Island  of  Hayti,  there  to  accomplish  certain  objects  which 
will  be  particularly  explained  to  you,  and  instructions  given. 

I  enclose  a  circular  letter  on  the  subject  of  acting  appointments, 
to  which  I  urge  your  particular  attention.  No  subject  has  been 
found  to  create  greater  difficulties  than  acting  appointments,  and 
permission  to  officers  to  perform  duties  above  the  grade  in  which 
they  are  known  to  the  Department. 

I  also  enclose  certain  directions  for  the  survey  of  Pensacola, 
Tampa  Bay,  Key  West,  and  the  Dry  Tortogas. 

I  have  also  directed  to  report  to  you  for  the  purpose  of  aiding  in. 

the  survey,  Master  Commandant ,  Lieut.  J.  W. 

Sherbourne,  Midshipman  Lewis  M.  Goldsborough,  and  Joseph 
Bowman.  Should  you  deem  the  services  of  any  other  officers  ne- 
cessary for  this  purpose,  you  will  inform  me  of  it.  You  will  direct 
the  vessel  to  be  used  for  this  purpose.  The  Florida  will  be  detain- 
ed for  a  few  weeks,  to  make  a  survey  of  Charleston  harbour, 
after  which,  she  will  be  ordered  to  proceed  forthwith  to  join  your 
command.  I  am,  respectfully, 

(Signed)  SAML.  L.   SOUTHARD. 

Com.  DAVID  PORTER,  ConuPg  U.  S.  Squadron,  West  Indies,  ice.  Washington- 

I  certify  that  the  foregoing  is  a  true  copy  from  the  original  on  file 
•n  this  Department.  CHAS.  HAY.  Chief  Clerk. 

NAVY  DEPARTMENT,  July  6,  I82fi» 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DUE  on  the  last  date  stamped  below. 


JUL13 


IS  1963 


1964 


^     rr  : 


R  E  C  E  !  A  r 

MAIN  LOAN  DESK 


SEP  si  2  1914 

A.M.  P.M. 

7l8|9UO|llll2_mg|3|4l5l6_. 

4 


~     AUG141975 

IKL 

ITiRUBRARY    LOANS 

1HTD  CD-OBI 
JUL    1  1975 


4IP  MAR  lj  iHTl 


Form  L9-32m-8,'57(.C8680s4)444 


3  1 158  01003 


6043  J) 


